ORDER :

1. By way of this successive bail application filed under Section 439 of the Code of Criminal Procedure, the applicant, seeks regular bail in connection with FIR being C.R. No. 11202008210428 of 2021 registered with City “A” Division Police Station, Jamnagar, for the offences punishable under Sections 120B, 406, 408, 409, 465, 466, 467, 468, 471 and 114 of IPC.

2. Brief facts giving rise to file present application is that, the Gujarat State Cooperative Agricultural and Rural Development Bank, established under cooperative sector, is dealing with farmers issues, more particularly, bank is sanctioning financial aid in the form of farming loan so as to enable the farmers to take seasonal crops and they can purchase necessary instruments for farming. The bank has its branches in all districts. The present applicant Sahendrasinh Zala was recruited as a Clerk and lastly, he was promoted as Branch Manager. The accused no. 1 – Deepak Bhatt, was originally recruited in the cadre of Clerk and was retired in the year 2015 and was reemployed on contract basis for a period of 3 months i.e. 1.4.2018 to 30.06.2018. It is alleged in the FIR that, during the year 2014-2020, the accused have defrauded the bank and misappropriated the huge amount to the tune of Rs.2 crore and more. It is alleged that, in connivance with each other, did not perform their duties properly as a bank employee and misused their powers for personal gains. It is further alleged in the FIR that, accused no.1 was used to forge receipts and No Due Certificates and other related documents in favour of farmers loanee and accepted the installments as well as loan amount and failed to given a credit in the farmers’ accounts. It is further alleged that, they have also signed necessary certificates to release the mortgaged properties of the farmers. So far present applicant is concerned, it is alleged that, without any authority, he engaged the service of accused no.1 and permitted him to issue money receipts and other documents and misused the security cheques given by account holders for taking the amount of repayment of loan and used the same for personal use instead of depositing the same with the bank.

3. In the aforesaid facts, the branch manager of the bank lodged an FIR inter-alia alleging that being a bank employee, the accused have committed the offence of cheating, criminal breach of trust and act of forgery by making false documents for the purpose of cheating and allegedly used them as genuine documents.

4. The earlier bail application was withdrawn by the applicant with a liberty to file fresh petition after filing of the charge-sheet. The applicant accused no. 2, is arrested on 17.05.2022. The Sessions Court, vide its order dated 06.09.2022, rejected the bail application, which was filed after filing the charge-sheet.

5. Aggrieved with the order and considering the facts of filing the charge-sheet, the applicant has preferred present application.

6. Heard learned counsel Ms. Megha Jani for and on behalf of applicant accused. She has raised the following contentions:

(i) As per the FIR, period of offence is from 01.01.2014 to 31.12.2020, whereas, the FIR came to be filed on 06.03.2021 i.e. after a delay of 7 years 3 months, for which, no any satisfactory explanation offered by the complainant. It is in this context, it was submitted that, in the year 1995, the applicant was appointed as Peon in the bank, and thereafter, in the year 2014, he was promoted to the post of Clerk and lastly, in the month of October, 2017, he was appointed as supervisor –cum-branch manager. After resuming the charge as Branch Manager, he had undertaken the recovery process of the bank loan and it came to notice that many of the agriculturist loans, that already paid installment of the loan, to accused no.1, and in turn, he used to issue payment receipt. Even in the case of full and