1. This second application under Section 482 of The Bhartiya Nagrik Suraksha Sanhita has been filed on behalf of the applicants for grant of anticipatory bail. Earlier bail application was dismissed as withdrawn vide order dated 23.02.2026 in M.Cr.C. No. 8385/2026.
2. Applicant apprehends his arrest in connection with Crime No. 49/2026 registered at Police Station-Kotwali Umariya, District-Umariya (MP) for commission of the offences punishable under Sections 316(5) of BNS.
3. Learned counsel for the applicant submits that the earlier anticipatory bail application was withdrawn as, at that time, certain relevant documents were not available to the applicant. Subsequently, the said documents have been received by the applicant. Thus, in view of the change in the facts and circumstances of the case, the present second anticipatory bail application has been filed. It is further submitted that the applicant was appointed on a contract basis vide agreement dated 14.02.2019 on the post of District Manager in the District Mission Office, District Shahdol. As per the prosecution case, the allegation against the present applicant is that the amount sanctioned under various schemes towards training expenses and other emoluments was transferred by the applicant, despite the said amount having already been paid once, to the same accounts again, with an intent to embezzle the government funds. It is further alleged that, by such act, an amount of Rs. 1,36,683/- was siphoned off. It is submitted by the learned counsel for the applicant that this is a clerical mistake which has been committed, and the amount which was deposited twice can always be recovered from the account in which the said amount was credited. At the same time, learned counsel for the applicant submits that the applicant is ready to deposit the amount allegedly involved in the embezzlement, i.e., Rs. 1,36,683/-. It is further submitted that custodial interrogation of the applicant is not required, as all the relevant documents have already been seized by the Investigating Officer from the concerned department. Applicant is ready to abide by all the conditions imposed by this Court. On these grounds, learned counsel for the applicant prays for grant of anticipatory bail.
4. Per-contra, learned counsel for the respondent-State opposes the anticipatory bail application.
5. Having taken into consideration the overall facts and circumstances of the case, the documents filed by the applicant and fact that he is ready to deposit the alleged embezzled amount, this Court is inclined to release the applicant on anticipatory bail. Accordingly, without commenting anything on the merits of the case, the application is allowed
6. It is directed that, subject to the applicant depositing a sum of Rs. 1,36,683/- before the Trial Court, in the event of his arrest, he shall be released on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned Arresting Officer/Trial Court/Committal Court, as the case may be
7. This order will remain operative subject to compliance of the following conditions by the applicants :-
"i) The applicants shall make themself available for interrogation by a police officer as and when required and will cooperate in the investigation/trial, as the case may be;
ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
iii) The applicants shall not commit an offence similar to the offence of which they is accused;
(iv) The applicants will not seek unnecessary adjournments during the trial;
v) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
vi) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically."
8. C.C. as per rules.
