A. S. Supehia,J. - (1.)Heard the learned advocates for the respective parties by video conferencing.
(2.)By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.I- 11822015201692 of 2020 registered with Jalalpor Police Station, District-Navsari for the offences under Sections 406,420,465,467,468,120(B) and 506(2) of the Indian Penal Code, 1860.
(3.)The facts of the FIR are that,
3.1. The complainant has mentioned the date of offence 01.01.2016 and the FIR is filed belatedly on 05.08.2020. The applicant has instituted a Special Civil Suit No.34 of 2017 on 10.08.2017 against the defendants viz. Pareshbhai Chhimabhai @ Sumanbhai Patel, Sumitraben Chhimabhai Patel, Renukaben Chhimabhai Patel, Hiteshkumar Chhimabhai Patel and Pareshbhai Haribhai Sukhadiya. Thereafter Vithalbhai Kadvabhai Korat was joined as a defendant, in view of the order passed below Ex-23. The said suit has filed for specific performance of agreement to sale and declaration and for declaring the sale deed no.5368 dated 26.10.2016 and entry no.9522 as cancelled.

3.2 It is stated in the FIR that in 2016, the complainant was in need of Rs.1,00,00,000/- and he had told this fact to his friend Ratilal D. Patel and thereafter through Ratilal, he came into contact with land brokers Amitbhai Rana and Rahul Panchani. Thereafter, he had decided to put his land of Kharsad of Block No.1605 for security by executing a registered sale-deed in favour of Pareshbhai Haribhai Sukhadiya and for that a notice was published. In that connection, the applicant, in connivance with the aforesaid two brokers, raised objection and produced a soda-chiththi and filed RTS Case No.91 of 2016, wherein her objections came to be rejected vide order dated 10.03.2019.

3.3. It is stated that it was oral agreement that once the amount is repaid, the land is to be given to the complainant. Thereafter, a sale-deed no.5368 of 2016 was executed on 10.10.2016 in favour of Pareshbhai Haribhai Sukhadiya and those two brokers have agreed to enter into an MOU as per the commitment, however, those two land brokers have come with blank paper and blank stamp paper having contents written by pencil had taken signatures of his mother Sumitraben, Sister Renukaben and signature of complainant. Thereafter, the pencil written contents were rubbed and by way of fraud, prepared a General Irrevocable Power of Attorney of his land of Block nos. 1666 and 1669 of Kharsad in the name of Rajendrasinh N. Rajput, who was unknown to him was prepared, and on that basis his lands were sold to one Ishavarbhai Jethabhai Italiya by way of a registered saledeed no.659 of 2017. It is alleged that the role of the notary with regard to stamp papers and role fo the sub-registrar with regard to sale-deed nos. 1666 and 1669 are doubt full. That, when the complainant asked about the commitment to those land brokers, he was threatened by them. It is alleged that the applicant had connived with the brokers and as per plan objected to the public notice with regard to sale-deed of the land of Block no.1605 and produced false agreement to sale.