ORDER

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 her 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 The first application of applicant was dismissed as withdrawn with the request for directions to comply with the judgment of Supreme Court in cases of Arnesh Kumar Vs.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.

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 It was found that an amount of Rs.4,61,007/- was withdrawn from the Government Treasury by showing appointment of Brajesh, Ramvir, Bhagwati as Kotwars and Rajkumari (present applicant) as Peon in Tehsil Gohad. It was found that Afzal, Ramvir, Rajkumari, Bhagwati Brajesh and Prashuram Lahariya have withdrawn amount from Government treasury and misappropriated.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 herself is a victim of cheating and fraud. It is alleged that certain amount was deposited in her account at Central Bank, Thatipur between July, 2013 to December, 2016 when she was not even in job. The applicant was appointed as Peon in Tehsil Gohad on compassionate appointment in September, 2017. Applicant was not aware of transfer of amount in her account. She has never utilized the money. Further, entire amount has been deposited in Government treasury through challan. Applicant is aged around 37 years. She is homemaker and compassionate appointee Peon. She is sole bread earner of the family after death of her father, therefore, there is no likelihood of her absconsion leaving family, home and job. The applicant is ready to cooperate with the investigation. No 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 and Parshuram Lahariya have been granted benefit of anticipatory bail by this Court vide order dated 19.12.2023 passed in MCRC No.52556/2023, 22.01.2024 passed in MCRC No.928/2024 and 19.12.2023 passed in MCRC No.51696/2023 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 her account for almost 41 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.

Considerin