CNR No. MHNS010036212022
Order below Exh.1 in Cri. Bail Application No.897/2022.
( Chandar Amruta Bendkoli Vs. State )
The application is moved by the applicant­accused
Chandar Amruta Bendkoli under section 438 of Cr.P.C. in
connection with CR No.87/2022 registered with Harsul Police
Station, Dist. Nashik for the offence U/s.420,406,409 r/w sec.34
of the Indian Penal Code on 9/7/2022.
2.

It is stated in the application that, applicant­accused is
at present serving as Head Master of Zillha Parishad Primary
School, Somnath Nagar, Harsul, Dist. Nashik and allegedly as per
FIR misappropriated the scholarship amount of student worth of
Rs.1,65,100/­. Applicant­accused is on the verge of retirement and
his entire service record is clean and therefore, submitted that he
will abide the conditions laid down by this Court and will co­
operate the Investigating machinery.
3.

Heard both parties. I.O. is also present and placed on
record the documents relating to the investigation so far done by
him.
4.

The learned APP Shri. R.Y. Suryavanshi submitted that
as per record the applicant­accused has misappropriated near
about Rs.1,65,100/­. The amount which was supposed to be
transferred in the name of beneficiary i.e. the students or his
parents the said amount was transferred in the name of third party
totaling 160 account from 2017 to 2021 and the actual beneficiary
did not receive their respective scholarship. The report of
Development Officer (Education)Panchayat Samiti, Trimbakeshwar
dated 2.5.2022 is placed on record. The government resolution
dated 17.4.2018 relating to the distribution of scholarship to the
..2..

Schedule Tribe students is also placed on record, wherein the
entire procedure is stipulated the manner in which the scholarship
is to be transferred in the name of respective students. Thus, on the
basis of the documentary evidence placed on record, he opposed
the bail application and stated that the custodial interrogation of
the applicant­accused is necessary. Hence, prayed to reject the bail
application.
5.

On the other hand, the learned counsel Shri. A.K. Kale
submitted that this court has granted interim anticipatory bail on
15.7.2022 and the applicant­accused is co­operating to the
Investigating Officer. The Investigating Officer has also fairly
consisted the said fact. However, he submitted that the entire
record is in the said government school, in which the applicant­
accused was Head Master and the local staff is pointing out to the
applicant­accused, who has kept the record within his exclusive
knowledge and therefore, the custodial interrogation of the
applicant­accused is necessary. The learned counsel Shri. Kale
further submitted that the antecedents of the applicant­accused are
clean. He is on the verge of retirement, whatever the alleged
irregularities have been occurred, they have been cured during the
period of the investigation of present case. There was no malafide
intention on the part of the applicant­accused to misappropriate
any amount of scholarship. Therefore, he submitted to enlarge the
accused on anticipatory bail.
6.
evidence.

Admittedly, the case is based upon documentary
The
Investigating
Officer
has
seized
various
correspondence and documentary evidence including the cheques
during the course of investigation. So far as the record of the
Cri. Bail Application No.897/2022.
..3..

government school, in which the present applicant­accused is Head
Master, it is beyond the grasp that the concerned employees of the
school are not co­operating and insisting upon the presence of
applicant­accused to hand over the record relating to the present
case to the Investigating Officer. He admitted that till this date he
did not issue any letter to the government school to make available
the particular record. Therefore, there is no substance in the stand
taken by the investigating officer. The learned APP also fairly
submitted that the applicant­accused has co­operated till this date
with investigating machinery and therefore, considering the
documents placed on record and facts of present case, I am
inclined to allow the present anticipatory bail application. Hence,
following order is passed.
ORDER
1)
Anticipatory Bail Application
allowed.

2)
Interim anticipatory bail granted by this court to applicant­
accused Chandar Amruta Bendkoli by order dated
15.7.2022 is hereby made absolute on same terms and
conditions.

3)
The applicant­accused shall co­operate with the
investigating machinery and to remain present at the
police station as and when required.

4)
He shall not tamper with the evidence in any kind and
manner.
Inform concerned Police station.

5)
No.897/2022
SHINDE
MADHAV A
Date­ 21.09.2022
is
hereby
Digitally signed by
SHINDE MADHAV A
Date: 2022.09.22
11:45:34 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.