AMITA SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed the first bail application under Sec. 482 of BNSS, of the Cr.P.C. seeking grant of regular bail in connection with Crime No.439/2023 registered at Police Station Badoda, District Sheopur (M.P.) for the alleged commission of offence under Ss. 409, 420, 467, 468, 120-B of IPC and Sec. 13 of Prevention of Corruption Act.

(2.) The case of prosecution in short, is that applicant working on the post of Tehsildar has defalcated an amount which was required to be transferred to the persons affected by flood under the scheme of State Government granting flood relief and instead of transferring the fund to the beneficiaries, the amount has been defalcated. The present applicant was instrumental in the aforesaid defalcation of money. Accordingly, offence was registered.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is an old lady aged about 59 years and is on the verge of her retirement. There is no direct or indirect evidence against the present applicant. She has only been implicated falsely in this case on basis of the memorandum of the co-accused persons. The alleged assessment sheet/proposal was prepared by the concerned Patwaris and thereafter, the same was verified by the Revenue Inspector and Naib Tehsildar and after due verification by them, the aforesaid sheet was brought before the present applicant. The only work assigned to the present applicant to sign the aforesaid document and forward it. The bank account and other details were prepared by the concerned Patwaris. The applicant has not received any money in her accounts and she is not illegally benefitted in any manner. Even, initially the name of the present applicant was not figured in the FIR.