The court's decision emphasized the importance of voluntary cooperation with the investigation and the willingness of the applicants to deposit a specific amount with the bank in granting anticipatory bail.

ORDER :

1. Heard learned Senior Advocate Mr. Jal S. Unwalla with learned Advocate Mr. Malav M. Mulani for the applicants in Criminal Misc. Application Nos. 15289 of 2022 and 15287 of 2022, learned Advocate Mr. Hriday Buch with learned Advocate Mr. Jay M. Thakkar for the applicant in Criminal Misc. Application No. 16069 of 2022, learned Advocate Mr. Tejas M. Barot for the applicant in Criminal Misc. Application No. 16216 of 2022, learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent-State and learned Advocate Mr. Anand B. Gogia for the first informant.

2. By way of these applications under Section 438 of the Code of Criminal Procedure, 1973, the applicants pray for being released on anticipatory bail in connection with FIR being C.R. No. 11993006220764 of 2022 registered with 'A' Division Gandhidham Police Station, District Kachchh, on 21.07.2022 for offences punishable under Sections 406, 420, 467, 471, 474 and 34 of the Indian Penal Code.

3. Learned Senior Advocate Mr. Unwalla for the applicants of Criminal Misc. Application Nos. 15289 of 2022 and 15287 of 2022 would submit that the applicants were the borrowers, more particularly the applicants having availed of loans from the Bank in question for purchase of trucks and whereas the allegation being that the applicants had obtained a No Objection Certificate and on basis of such No Objection Certificate from the Bank the trucks in question had been sold to a third party. It is submitted by learned Senior Advocate that the borrowers at the relevant point of time had admittedly deposited an amount of Rs. 1 Crore 74 Lakhs and whereas though according to the applicants, the said amount was towards the loan accounts in question, since there were other loan accounts of the applicants running with the Bank at the relevant point of time, the said amount had been appropriated towards other loans. Learned Senior Advocate would also submit that the document in question i.e. the No Objection Certificate is also not a forged document. Learned Senior Advocate would also submit that the applicants without prejudice to their rights and contentions are ready and willing to deposit an amount of Rs. 70 Lacs with the Bank towards the loan accounts from which the trucks in question had been purchased. Thus submitting learned Senior Advocate would request that this Court may exercise discretion in favour of the applicants.

4. Learned Advocate Mr. Tejas Barot for the applicant of Criminal Misc. Application No. 16216 of 2022 would submit that the FIR in question is filed approximately after 14 months of a show-cause notice which was issued by the Bank to the said applicant, more particularly with regard to the same issue. Learned Advocate would submit that the applicant had not instructed anyone to issue NOC. Learned Advocate would further submit that apart from the delay, the applicant had retired from the service in the interregnum and as of now the applicant is aged about 72 years and suffering from various ailments including Parkinsonism and progressive dementia. Thus submitting, learned Advocate Mr. Barot would request that this Court may enlarge the applicant on anticipatory bail.

5. Learned Advocate Mr. Hriday Buch for the applicant of Criminal Misc. Application No. 16069 of 2022 would submit that the said applicant was working as a Credit Manager at the relevant point of time and apart for the submission with regard to delay in filing the FIR, it is submitted that at the relevant point of time an amount of Rs. 1 Crore 74 Lakhs had been deposited with the Bank and whereas at the relevant point of time the accounts had not been classified as NPAs and whereas it is also contended that the applicant had issued NOC at the behest of his Senior Officers. Thus submitting learned Advocate Mr. Buch would request that this Court may release the present applicant on pre-arrest bail.

6. Learned Senior Advocate as well as learned Advocates appearing for the respective applicants, on in