B.N. Karia,J. - (1.)Present applicant is involved in the offence in connection with the FIR being C.R.No.11214032201643 of 2020 registered with Mandvi Police Station, Dist.: Surat for the offence punishable under Sections 306, 506(2), 386, 270, 271, 201, 120-B and 114 of the Indian Penal Code (hereinafter referred to as "the IPC" for short). Therefore, it is requested by the applicant to release him on regular bail by filing this application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for short).
(2.)Facts of present case may be referred as under:
The complainant is the son of the victim/deceased and engaged in the business of road construction and stone quarry, which is situated in Khanjroli Gam in Mandvi Taluka and is in the name of complainant's father since 1982. As per the prosecution case, on 07.09.2020, at around 04:30 a.m. in the morning, the complainant got a call from his brother informing that the Manager i.e. Sandeepbhai has informed that father has lost, and therefore, the complainant went to the quarry in his car and reached there by 05:45 a.m. and his brother also reached. Thereafter the complainant on searching the quarry along with the Manager and other friends, torch, chappal and mobile of the father were found from the entrance of the quarry in front of the office. While searching for the father of the complainant, the Manager had informed that at 03:45 a.m. in the morning, father of the complainant had called the Manager and told that when the complainant comes to the office, he will give him the note which is kept in the diary of his father. Therefore, the complainant asked that if the Manager had read the note to which, he denied and handed over the note to the complainant, which was written by the father of the complainant. It was written in the note that, father of the complainant had a property of 10218 sq. mtrs. in Adajan, Surat which was sold to accused no.6 viz. Kishorbhai Bhurabhai on 17.03.2015, based on an agreement to sell on a note at Rs.24,03,88,687/- and accused nos.6 and 5 i.e. Kishorbhai Bhurabhai and Kanaiyalal Narola had paid worth Rs.18,00,00,000/- in cash to the father of the complainant on different dates and Rs.3,09,30,584/- by cheques of different banks. Accused no.6 was the owner of Star Group and on 17.08.2016, a tax raid was made on his premises and based on the note of agreement to sell, there was a tax inquiry on the complainant as well. As a result of the tax inquiry, all the truth was told by the father of the complainant, however, accused no.6 had hidden names of his partners, and therefore, the liability of paying tax of Rs.8,49,49,020/- was on the head of the father of the complainant and further, due to sale deed on the original value, there was additional capital gain tax of Rs.4,80,00,000/- to be paid by the father of the complainant and total liability was Rs.13,00,00,000/- of the father of the complainant. Father of the complainant had talked to accused no.6, whereby he had assured to pay the same. Thereafter, on 30.01.2019, accused no.6 had sent a legal notice against the promise and statement given in income tax to which the father of the complainant had replied through his advocate on 04.02.2019. Thereafter, on 02.01.2020, at around 7-8 p.m., Police Officers came to the house of the complainant and asked the father to come to Police Station as Police Inspector (i.e. accused no.1) had called him immediately to which the father of the complainant denied as it was late and his time to have dinner and told that he will come tomorrow. However, the police officials forced him to come, and therefore, the complainant along with his father went to the Police Station where in the office of the Police Inspector, there were two persons viz. Rajubhai Lakhabhai Bharwad and Hetal Natvarlal Desai (i.e. accused nos.2 and 3), who started to speak badly with the father of the complainant and by then accused no.4 viz. Bhavesh Shawani came and forced him to give a notarized document immediatley in relevance to the disputed land and took them to a notary viz. Hitesh Kanji Solanki at 11:00 p.m. at night, and thereby, threatened them to sign the said documents. Complainant was forced to be the witness therein. Thereafter, on 03.01.2020, they had made a notarized document of declaration before the Notary viz. Bharat R. Chauhan. However, due to fear, it was not produced anywhere and the partner of accused no.6 i.e. accused no.5 had told the father of the complainant that if the said land is transferred in the name of accused no.2 or any person, he has no objection and had given a written notarized document to that extent. Thereafter, accused no.2 had asked for the same in the end of January, at that time, the complainant had asked for a detailed document in those regards which was denied and told that only normal document will be given. Thereafter, on 04.02.2020, 4-5, police officers had come to the house to call the father of the complainant, but the mother had denied as the father was not well and was asleep and on the knowledge of the same, the brother of the complainant had sent an application to the S.P., against the same through whatsapp after which the police officers had returned back. Thereafter, on 18.02.2020, accused nos.2, 3, 8 (i.e. present applicant) and accused no.7 had to the house of the complainant with ready document of satakhat along with possession and showed the signature and videography of the father of the complainant and had told to prepare for sale deed and given cheques amounting to Rs.7,55,00,000/- of different banks and had taken back the prior cheques of other party worth Rs.7,48,00,000/- and told to give paper notice that the said land is not sold to anyone. The same were denied by them as proper documentation was required in order to avoid tax disputes and the prior documentation as to accused no.3. Therefore, a dispute had arisen again and on 30.07.2020, in Bhesna Gam in a farm house, Police Inspector (i.e. accused no.1), who was home quarantined, had called them by sending whatsapp location and on reaching at the location, other accused nos.2, 4, 9 and 10 were present and the complainant and his brother were threatened and a notarized agreement of even lesser value was made and sent to the house of the complainant along with accused nos.2, 3, 4, 9 and other police officials for signature of father of the complainant along with authority to do paper publication. Therefore, the said publication was done in paper on 01.08.2020. Thereafter, due to less payment and improper documentation, the sale deed was denied by the complainant and accused no.1 (P.I.) had kept the documents with him informing that if he makes the sale deed then only he will give back the papers. Thereafter, the complainant and his father and brother got notice from Rander Police Station and got called for giving reply, but due to fear, they did not go to the Police Station and gave reply in writing. The complainant had told his father on 06th September to come early next day so as to go to the Commissioner to make a complaint in the matter of land dispute. However, due to the pressure created by the accused persons named in the FIR, since past months, the father of the complainant had committed suicide according to the complainant, in the morning. Therefore, the said FIR came to be filed subsequently against accused persons as narrated in the FIR in detail.

(3.)Heard Mr.J.M. Panchal, learned Advocate appearing for Mr.A.R. Kapadia, learned advocate for the applicant, Mr.Manan Mehta, learned APP for the respondent-State as well as Mr.Bhadrish S. Raju, learned advocate for the original complainant.