The delayed nature of allegations, qualifications of the accused, and the nature of evidence can influence the court's decision in granting anticipatory bail.

ORDER :

1. Heard learned Advocate Ms. Vidhi Bhatt for the applicants and learned APP Mr. Ronak Raval for the respondent State.

2. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicants – original accused pray for being released on anticipatory bail in connection with FIR No. 11209016220426 of 2022 registered with Himmatnagar “A” Division Police Station, District Sabarkantha on 30.03.2022 for offences punishable under Sections 465, 467, 471, 409, 406, 420 and 120B of Indian Penal Code.

3. At the outset, it would be relevant to mention that a learned Coordinate Bench of this Court vide an order dated 5.5.2022 had deemed it appropriate to protect the present applicants from being arrested and whereas, the said protection has enured in favour of the present applicants till date.

4. Learned Advocate Ms. Bhatt for the applicants would submit that the FIR itself is delayed by approximately 11 years, more particularly considering the allegations from the date of appointment of the present applicants. Learned Advocate Ms. Bhatt would further submit that as a matter of fact the appointment of the present applicants had not been questioned till 2018 when a charge sheet had been issued against the present applicants with regard to departmental proceedings, more particularly, alleging certain discrepancies in appointment of the present applicants. Learned Advocate Ms. Bhatt would submit that as such the said charge sheet had been later on dropped by the departmental authorities themselves. Learned Advocate Ms. Bhatt would submit that issue in question had arisen on account of the present applicants having preferred Writ Petitions before this Court seeking for regularizing services of the applicants, more particularly, upon completion of five years of service and whereas, it is at that stage that the informant as well as the authorities concerned had started questioning the aspect of appointment of the present applicants. Learned Advocate Mr. Bhatt would submit that the present applicants have worked out for approximately 12 years with the respondents and whereas, it is only after the present FIR is filed and the matter is being considered by this Court that vide orders dated 06.10.2022 the services of the applicants came to be terminated. Learned Advocate Ms. Bhatt would submit that the accused no. 1 and 2 of the FIR, who had played major role according to the case of the first informant, had been released by a learned Co-ordinate Bench of this Court vide orders dated 18.05.2022 and whereas, considering the fact that the present applicants are lady accused, having no antecedents and willing to co-operate with the investigation, this Court may consider releasing the present applicants on pre-arrest bail.

Learned Advocate for the applicants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicants is available during the course of investigation and will not flee from justice. In view of the above, the applicants may be granted anticipatory bail.

Learned Advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicants-accused to oppose such application on merits may be kept open.

5. This application is vehemently objected to by learned APP Mr. Ronak Raval who would submit that the present is a clear case of fraud committed by the present applicants in connivance with the authorities concerned and whereas, the fraud has been played on the public exchequer and hence, it is submitted that this Court may not exercise discretion in favour of the present applicants. Learned APP Mr. Ronal Raval would submit that as suc