JUDGMENT 1. - Heard. This is the second bail application filed on behalf of the petitioner under Section 438 Cr P C. The case diary was called and two opportunities were given for the same. However the learned Public Prosecutor gives out that he has not been able to get the case diary inspite of his best efforts. 2. It is given out by Shri Rajesh Moondia, learned counsel that FIR was lodged on 22.11.88 against the petitioner who is a Sarpanch under Section 409 IPC stating that he was given Rs. 17,000/- for constructing Patwar Bhawan and Panchayat Bhawan and another Rs. 13 000/- were collected from public for construction. The allegation against the petitioner is that he embezzled the amount and did not construct either of the buildings. 3. It is submitted that the petitioner has been given certificate dated 17.8.1990 by J. En. which is also verified by B D.O. in which giving reference to the measurement-book it has been stated that Rs. 24,306/- were spent on construction of Panchayat Bhawan and Rs. 9,186/-were spent on construction of Patwar Bhawan. 4. It is submitted by Shri Jagmohan Saxena, learned Public Prosecutor that the petitioner has been evading for long time and does not deserves to be released on bail. 5. In the facts and circumstances, I am inclined to grant bail to the petitioner. 6. The SHO/Investigating Officer/Arresting-Officer, Police Station Salempur in F.I.R. No. 185 is, therefore directed that in the event of arrest petitioner Bhag Singh S/O Shri Kalyan Singh be released on bail provided he furnishes a personal bond in the sum of Rs. 5.000/- (Rupees five thousand only) with one surety in the sum of Rs. 5,000/- to his satisfaction on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer; (iii) that the petitioner shall not leave India, without the previous permission of the Court. *******