1 M.Cr.C. No.6767/2011 13/10/2011 Shri Prashant Sharma, Advocate for the applicant. Shri M. Bharadwaj, P.P. for the respondent / State. They are heard. Perused the case diary. This is third application under Section 438 of Cr.P.C. The applicant is required by Police Station Padav, District Gwalior in connection to Crime No.178/2011 registered against him for the offence punishable under Section 409 of IPC. First application (M.Cr.C. No.2375/11) was dismissed as withdrawn vide order dated 25/4/11 and second application (M.Cr.C. No.3122/11) was rejected vide order dated 6/9/11. Prosecution story in short is that the applicant is working as Executive Engineer in the M.P. Live Stock and Poultry Development Corporation, Gwalior. As per the scheme of State Government, milking as well as agricultural animals were to be provided to the members of the Scheduled Tribe community and for that committee was constituted consisting of Executive Engineer, Deputy Director, Veterinary Doctor and Deputy Commissioner, Tribal Welfare, Gwalior. The committee was required to select the members to whom benefit under the scheme of the State Government was required to be provided and 2 M.Cr.C. No.6767/2011 thereafter, after purchasing the animals and their insurance and completing other necessary formalities, the animals were to be provided to the selected members. A complaint to the effect that the applicant by committing forgery misappropriated the fund which was made available under the scheme of the State Government for providing benefit to the selected members and thereby caused loss to the government. The matter was complained of, as a result of which, FIR was registered against the applicant. Matter is under investigation. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in this case. He has no direct or indirect nexus with the alleged offence. There is no iota of evidence against the present applicant for commission of the alleged offence. It is further submitted by him that on 29/8/2011 the Managing Director has also issued a letter wherein it has been specifically mentioned by him that the applicant is not responsible for the wrong committed by him as his work is to issue certificates concerning delivery of milking as well as agricultural animals to the beneficiaries on the basis of verification made by the 3 M.Cr.C. No.6767/2011 Veterinary Doctor, Gram Sabha Member, Insurance Company and Revenue Officer. Therefore, on the basis of this subsequent document which was not made available while considering the earlier bail application, the learned counsel prayed that the benefit of anticipatory bail may be granted to the applicant. Learned Public Prosecutor for the respondent / State opposed the bail application and prayed for its rejection. Looking to the totality of facts and circumstances of the case as well as the changed circumstances found on the basis of document dated 29/8/2011, but without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall appear before the investigating officer within a period of 15 days from today for interrogation and if the I.O. decides to take him under custody, he be enlarged on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority subject to the conditions enumerated under Section 438(2) of Cr.P.C. C.C. as per rules. (G.D. Saxena) Judge Arun*