Madhya Pradesh High Court
Smt. Kirti Agrawal vs The State Of Madhya Pradesh on 30 October, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.40365/2018
(Smt. Kirti Agrawal Vs. State of M.P.)
1
Jabalpur, Dated: 30.10.2018
Shri Manish Datt, learned Senior counsel assisted by Shri Sajid
Nawaz Khan, learned counsel for the applicants.
Shri Ravindra Rajput, learned Panel Lawyer for the
respondent/State.
Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant. The applicant is apprehending her arrest in connection with Crime No.284/2018 registered by Police Station Chuna Bhatti, District Bhopal for offence punishable under Sections 420 and 409/34 of the IPC.
The case of the prosecution is that, the applicant was posted as Project Officer in integrated Child Development Project Banganga, Bhopal and during that period an amount of Rs.2,37,000/- was transferred to the account of five ineligible persons as arrears to the honorarium of Anganwadi worker; whereas, the aforesaid amount was to be paid in the account of 79 persons. On the basis of aforesaid embezzlement, FIR has been lodged against the applicant.
Learned counsel for the applicant submits that the applicant is innocent lady and has not committed any offence. It is also submitted that some subordinates have played mischief because of it, the amount the extent of Rs.2,37,000/- has been deposited in the wrong accounts. When the matter has come in the knowledge of applicant, she has made recovery of entire amount and deposited the same in the account of Government. Applicant has neither committed any cheating nor misappropriated any money. She is a Government servant and is a resident of the address shown in the application. There is no chance of her absconding or tampering with the prosecution evidence. In view of the aforesaid, it has been prayed that the applicant be enlarged on anticipatory bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40365/2018 (Smt. Kirti Agrawal Vs. State of M.P.) 2 Learned Government Advocate for the respondent/State on the other hand has opposed the application.
Admittedly, the amount of Rs.2,37,000/- seems to have been deposited in the wrong accounts. The misappropriated amount has been recovered and deposited in the Government Account. Enquiry regarding misappropriation has been taken place at different stages. It seems that on the publication of a news in the newspaper, preliminary enquiry has been conducted by the Collector, Bhopal and information in this regard has been sent by letter dated 05.11.2016 to Principle Secretary, Women and Child Development Welfare Department showing the news and complaint to be baseless. Later on, enquiry has been conducted by Divisional Joint Director of the Women and Child Development Welfare Department dated 21.11.2017 in which he held the applicant responsible for the misappropriation of the money and lodged the FIR vide order dated 14.12.2017. It is pertinent to mention here that again an enquiry has been conducted by the Financial Advisory and he has submitted that the report to Commissioner Treasury and Account, Bhopal. One enquiry has been conducted by Financial Director Women and Child Development Welfare Department. It is reported that no forgery is found to have been committed. The applicant has been suspended and a departmental enquiry is initiated against him.
On perusal of the case diary, it seems that there is allegation of financial irregularities against the applicant; however, the complete misappropriated amount has been deposited in the Government Account. At this stage, it is not proper to discuss the merit of the case and looking to the fact that trial will take time to conclude.
Keeping in view the facts and circumstances of the case, particularly, the facts as pointed out by learned counsel for the applicant, in the opinion of this Court, applicant deserves to be granted the benefit of anticipatory bail.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.40365/2018 (Smt. Kirti Agrawal Vs. State of M.P.) 3 Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant Smt. Kirti Agrawal, is allowed.
It is directed that, in the event of her arrest, the applicant Smt. Kirti Agrawal shall be released on anticipatory bail on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) and a solvent surety in the like amount to the satisfaction of the Arresting Officer, for her appearance before the trial Court on all dates fixed in the case and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(Mohd. Fahim Anwar) Judge pnm Digitally signed by POONAM LONDHE Date: 2018.11.02 12:19:53 +05'30'