JUDGMENT 1. - The petitioner has filed this application under section 439 Cr.P.C. in Crime No. 131/94 registered at Police Station Srimadhopur District Sikar for the offences punishable under Sections 420, 467 & 468 IPC. It appears that the petitioner was working as Assistant Branch Manager at Srimadhopur in a Public Limited Company Amfort Agro Finance limited. The said company has its registered office at Jaipur and the petitioner was appointed on the said post on 18.2.94 w.e.f. 25.2.94 as per the appointment letter Annexure-1. 2. It appears that the aforesaid company was floated with an object to give finance to the agriculturists to purchase tractor. A person who desired to obtain the loan was required to deposit margin-money and this margin money was to be transmitted to Head Office at Jaipur. The allegation of the complainant is that Rs. 48,000/- were deposited by the informant as margin-money with the petitioner and a receipt was passed to him, but neither he was given the loan nor margin amount was returned as such the said amount has been fraudulently mis-appropriated. 3. The learned counsel for the petitioner contends that so far the petitioner is concerned, he was only an employee of the aforesaid company and as per the instruction and guidelines, he obtained the money, which was remitted to the Head Officer. Counsel contended that no money was mis-appropriated by the petitioner and if there was any conspiracy to cheat the agriculturists, it must be at the higher level i.e. between the promotors of the Company. Counsel also contended that employees, similarly circumstanced have been released on bail by other Courts also. My attention was drawn to the order dated 4.8.94 of the Sessions Court Merta where one Govind Ram alias Govind lal was granted bail in similar circumstances. He also drew my notice to an order dated 23.7.94 of Additional Chief Judicial Magistrate, Makrana where similar orders were passed. 4. On the other hand, the learned P.P. contended that a large number of farmers and agriculturists have been cheated by the device and their money has not been returned back. 5. He also drew my notice to an order dated 23.7.94 of Additional Chief Judicial Magistrate, Makrana where similar orders were passed. 4. On the other hand, the learned P.P. contended that a large number of farmers and agriculturists have been cheated by the device and their money has not been returned back. 5. It is true that a large number of agriculturists and farmers appear to have been cheated by the promotors and other persons holding high posts in the aforesaid company, but so far the petitioner is concerned, he was an employee and acted under the guidelines and directions of the company. However, it shall not be proper for me to express any opinion on the merit of the case at this stage, whether the petitioner had a guilty mind or not, but taking into consideration all the facts & circumstances and the fact that the petitioner is now in judicial custody and no more required for investigation, I think it just and proper to release him on bail under section 439 Cr.P.C. 6. It is, therefore, directed that the accused-petitioner Shambhu Singh s/o Jaman Singh shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 10,000/- with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial Court with the stipulation to appear before that Court or any other Court on all subsequent dates of hearing and as and when called upon to do so during the pendency of the investigation/inquiry/trial against him in this case, as the case may be. The bail shall be subject to the following conditions (i) 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 the dissuade him from disclosing such facts to the Court; 7. If the aforesaid condition is violated, it shall be open to the trial Court to cancel the bail of the petitioner without any reference to this Court. *******