Newly-Recruited Bank Employee May Have Deviated From Procedure Under Superiors' Influence: MP High Court Grants Bail In Embezzlement FIR
The Madhya Pradesh High Court has granted anticipatory bail to the Teller of ESAF Small Finance Bank in an embezzlement FIR, observing that she was newly appointed and was susceptible to the influence or commands of superior officers, especially when she did not receive any financial benefit from embezzling. [2026 LiveLaw (MP) 268]The bench of Justice Ramkumar Choubey observed:"In evaluating...
The Madhya Pradesh High Court has granted anticipatory bail to the Teller of ESAF Small Finance Bank in an embezzlement FIR, observing that she was newly appointed and was susceptible to the influence or commands of superior officers, especially when she did not receive any financial benefit from embezzling. [2026 LiveLaw (MP) 268]
The bench of Justice Ramkumar Choubey observed:
"In evaluating this anticipatory bail application, the Court notes that the applicant was a 25-year-old girl, newly inducted into the complainant bank's service. The possibility that she deviated from established banking procedures due to the overwhelming influence or commands of her superiors cannot be ruled out. Seen as a whole, since the applicant did not benefit financially, did not commit forgery, and considering her age and the circumstances of her alleged involvement, this Court deems it appropriate to grant her the benefit of anticipatory bail. However, without expressing any opinion on the merit of the case, this anticipatory bail application filed on behalf of applicant stands allowed".
The applicant apprehended arrest as a co-accused in an embellement scam of ₹53 Lakhs (approximately), in which the Client Service Manager (CSM) was portrayed as the main accused.
Per the prosecution, the co-accused had withdrawn the amount without verifying the signatures of the customers on withdrawal slips or even without physical presence.
Per the right procedure, "if the CSM collected Rs.100/- in the field, he would deposit only Rs.70/- and instructed the Teller (present applicant) to account for Rs.30/- difference using the withdrawal slip to debit the customer account."
The counsel for the applicant contended that she was just a 25-year-old girl who was freshly appointed in the bank and was only following her superior's directions. It was argued that she has not received any amount or forged any documents. Even in her reply to the Bank, the applicant had mentioned that she had acted on the instructions of her superior officers.
The counsel for the State argued that the applicant was working at the Teller counter from where the money was withdrawn on the basis of withdrawal slips. The state argued that the applicant was under an obligation to verify the signature and physical presence of customers while disbursing the amount.
The court noted that the records revealed that the applicant acted "entirely under instructions of her superior officers". The court noted that the lack of allegations that the applicant received any misappropriated funds or forged any documents.
Accordingly, the bench noted that from the facts and circumstances and since the applicant did not benefit financially from the embezzlement, she can be granted anticipatory bail.
Case Title: Priyanka Goswami v State of Madhya Pradesh, MCRC-27687-2026
Citation: 2026 LiveLaw (MP) 268
For Petitioner: Advocate Narendra Kumar Sharma
For State: Government Advocate Sharad Sharma