GUWAHATI: The Gauhati High Court, on Wednesday, December 18, dismissed a pre-arrest bail application filed by Rahul Roy in connection with an embezzlement case. The petitioner, an employee of North-East Roadways and Global India Logistics, was accused of financial irregularities amounting to ₹1.56 crore.
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According to the case details, the company’s owner, Anil Kumar Kharkia, discovered the discrepancies during a review of financial records on 16 August. The transactions in question reportedly date back to 2021 and were allegedly made by the petitioner to unauthorised recipients. The allegations also implicate three other employees, including Bipin Kumar, who is said to have directed the petitioner in carrying out the transactions.
During the hearing, the petitioner's counsel argued that the FIR, lodged on 5 September, fell under the provisions of the BNSS Act, 2023, but the Additional Public Prosecutor countered, stating that the offences occurred before the Act's enactment on 1 July. This contention aligned with a precedent set by the Rajasthan High Court, which upheld that pre-Act crimes must be prosecuted under the Indian Penal Code.
Justice Parthivjyoti Saikia noted the petitioner’s admission of engaging in unlawful activities, deeming the case unsuitable for pre-arrest bail. The court further emphasised the necessity for custodial interrogation to investigate the conspiracy and recover the funds.
The anticipatory bail application was ultimately dismissed.
