1. This is the first application for regular bail under section 438 of CrPC on behalf of applicant Surendra Kumar Shrivastava.

2. The applicant is apprehending his arrest in connection with Crime

No.38/2015 registered at Police Station Kotwali, District Datia (M.P.) for the offence under sections 420, 467, 468, 471 read with 120B of IPC.

3. As per prosecution story, it is alleged that accused/Abhishek Shivhare received a loan of Rs.25,00,000/- from Punjab National Bank, Datia, for establishing an Industry named as “Anmay Pet India,” Industries with connivance of his father Omprakash and Charted Accountant Arun Gupta and the Bank Manager Surendra Kumar Shrivastava/applicant and misappropriated the sum and did not repay the instalments. On enquiry, it was found that no such industry has been established.

4. On behalf of the applicant it is submitted that the applicant is Branch Manager and on the basis of the documents produced and after due verification loan was sanctioned by the applicant following the rules of the Bank. The applicant is a retired Bank Officer. The applicant cannot be held responsible for sanctioning the loan which he did according to the Bank Rules.

5. Learned Pu