( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3200 OF 2010 Pradip Vilas Suryawanshi .. Applicant Versus The State of Maharashtra .. Respondent Mr. N.C. Garud, Advocate for the applicant. Mrs. B.R. Khekale, A.P.P. for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 25.08.2010 P.C. :- 1. By this application, the applicant seeks anticipatory bail under section 438 of Cr.P.C. 2. The applicant is a Postman. He was attached to Gunvadi branch of the post office. On 27.07.2010, as usual, a sealed cash bag was sent to Gunvadi branch of the post office. There was cash amount of Rs. 20,000/- in that bag. The cash bag was sealed by Smt. Mancharkar and one staff member, by name, Gaikwad. The cash bag was received on 28.07.2010 at the S.T. stand of village Gunvadi. The ( 2 ) applicant received cash bag in sealed condition at about 9.30 a.m. He took the sealed cash bag in the post office. The Postmaster, by name, Smt. Kusum Nagwade informed the Assistant Superintendent of Posts, Ahmednagar, that amount of Rs. 10,000/- was less in the sealed cash bag. Hence, F.I.R. was lodged by the Assistant Superintendent of Posts Department about misappropriation. Learned advocate for the applicant would submit that the applicant is falsely implicated in the crime. He contended that the cash bag was not only being handled by the applicant but also by other persons. He further submits that the cash bag was opened under the instructions of Smt. Kusum Nagwade-the Postmaster, and thereafter the applicant had left the place. He, therefore, submits that the applicant is likely to be harassed in the event of his arrest. He further points out that the applicant had submitted an application dated 31st July, 2010 to the Sr. Superintendent of Posts Department, Ahmednagar, alleging that one Shri Bhamre threatened him and tried to implicate in a false case. The F.I.R. was lodged on 31st July, 2010 after certain enquiry made by the Assistant Superintendent of the Posts Department. Perusal of the F.I.R. purports to show that enquiry was conducted regarding ( 3 ) the incident. It appears that the applicant received sealed cash bag at S.T. stand of the village and he took that bag to the Postmaster-Smt. Kusum Nagwade after a short while. It was revealed from the version of Kusum Nagwade that the applicant opened the sealed cash bag and gave B.O. Slip along with Rs. 10,000/-. She did not, however, take note of the entries on the B.O. Slip as she was engaged in the office work. In the noon time she found that less amount was given to her by the applicant. What prima facie appears from the averments and the enquiry is that the applicant handed over only Rs. 10,000/- to the Postmaster after the sealed cash bag was opened. It was not verified by the Postmaster after taking due verification of the entries on the B.O. Slip because she was engaged in other work. She may be negligent, yet, fact remains that the cash bag was in the custody of the applicant till the amount of Rs. 10,000/- was handed over by him to her. Obviously, the shortfall of the amount was required to be explained by him being the temporary custodian of that amount. In this view of the matter, mere fact that he had made certain complaints against Shri Bhamre and the Postmaster, it is difficult to say that he is being framed by them. ( 4 ) 3. Having regard to the material placed on record, it cannot be said that the applicant is likely to be falsely involved and that his arrest is likely to humiliate him without reason. The application does not satisfy the conditions for grant of anticipatory bail under section 438 of Cr.P.C. Hence, it is rejected. 4. The observations made in this order shall not be considered in any other matter. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra3200.10