Anticipatory bail granted under Section 438 of CrPC due to lack of evidence for complicity and the applicant's status as a victim of fraud.

The second bail application has been filed by the applicant under Section 438 of the Code of Criminal Procedure , 1973 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.388 of 2023 registered by PS Gohad Distt. Bhind (M.P.) for offence punishable under Sections 420, 406, 409 and 120-B of IPC. The first application of applicant was dismissed as withdrawn with the request for directions to comply with the judgment of Supreme Court in cases of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, Satender Kumar Antil Vs. Central Bureau of investigation (2022) 10 SCC 51 and Notification No. A/5666/III-2-9/40 Pt-I F.No.15 dated 20/09/2023 issued by Hon'ble High Court of Madhya Pradesh, Jabalpur. Thereafter, the prosecution for offence punishable under Sections 409, 406 and 120-B of IPC was added. Therefore, the applicant is apprehending arrest in aforementioned Crime No.388 of 2023 registered at Police Station Gohad, District Bhind. The trial Court has rejected his application under Section 438 of CrPC vide order dated 03.11.2023 passed in B.A. No.450/2023. A s per the case of prosecution, Tehsildar Gohad, District Bhind submitted a written complaint with regard to misappropriation of public money by showing false appoinment of three Kotwars and one Peon. The complaint states that an enquiry was conducted by the office of Collector on complaint submitted by Dr. Govind Singh, Leader of Opposition. It was found that an amount of Rs.4,61,007/- was withdrawn from the Government Treasury by showing appointment of Brajesh, Ramveer (present applicant), Bhagwati as Kotwars and Rajkumari as Peon in Tehsil Gohad. It was found that Afzal, Ramveer, Rajkumari, Bhagwati Brajesh and Prashuram Lahariya have withdrawn amount from Government treasury and misappropriated.

On such allegations, PS Gohad registered FIR for offence punishable Under Sections 420 of IPC. During investigation, inquiry report and the money trail was seized. Prosecution for offence punishable under Sections 406, 409 and 120-B of IPC is added. Investigation is underway. Learned counsel for the applicant referring to the inquiry report submitted by the office of Collector, Distt. Bhind submits that applicant himself is a victim of cheating and fraud. It is alleged that certain amount was deposited in his account at Punjab National Bank between May, 2018 to January, 2020. The applicant was working as Kotwar in Tehsil Gohad. Main accused Afzal had misused his bank account. Applicant was not aware of transfer of amount in his account. He has never utilized the money. Further, entire amount has been deposited in Government treasury through challan. Applicant is aged around 30 years. He is sole bread earner of the family. There is no likelihood of absconsion leaving his family, home and job. No further custodial interrogation is required in the matter as the prosecution is based on documentary evidence. There is no likelihood of tampering with the evidence. Jail incarceration would bring social disrepute and hardship to the applicant. Co-accused Brijesh Nai, Bhagwati, Parshuram Lahariya and Rajkumari have been granted benefit of anticipatory bail by this Court vide orders dated 19.12.2023 passed in MCRC No.52556/2023, 22.01.2024 passed in MCRC No.928/2024, 19.12.2023 passed in MCRC No.51696/2023 and 25.01.2024 passed in MCRC No.1803/2024 respectively. Therefore, the applicant may be extended the benefit of anticipatory bail.

Per contra, learned counsel for the State opposes the application and submits that the applicant had been receiving the amount in his account for almost 20 months. Therefore, complicity of applicant in the alleged offence with co-accused is made out. The applicant may not be extended the benefit of bail.

In reply, learned counsel for the applicant submits that there is no allegation of misappropriation of the amount against the applicant.

Heard learned counsel for parties and perused the record.

Considering th