( 1 ) Cri.Appln5118-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5118 OF 2010 Dilip Haribhau Kamble APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. B.S. Kudale, advocate for the appllicant. Mr. D.V. Tele, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 13th December, 2010] PER COURT : 1. Heard. 2. The application is for anticipatory bail. 3. The applicant was working as Gram Sevak of the Village Panchayat. In his tenure, construction of a road was carried out. It was found that the amounts withdrawn from the work were not utilized and, therefore, the Sarpanch and the applicant were blamed for misappropriation. 4. The learned advocate would submit that the ( 2 ) Cri.Appln5118-10 applicant was transferred from the place and had no access to the record and moreover, the measurement of the work is not carried out in his presence and as such, he cannot be held liable. 5. While considering the application under section 438 of the Criminal Procedure Code, a prima facie view is required to be taken. It is not necessary to carry out detailed examination of the material. It appears that departmental enquiry was held and during the preliminary enquiry, the applicant was held liable for the alleged misappropriation. In view of such findings recorded against him during the preliminary enquiry, there appears prima facie material to infer his complicity. No case is made out. Hence, the application is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln5118-10