RAJESH VAGHJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Apprehending arrest, the applicant herein seeking pre-arrest bail under Sec. 438 of the Code of Criminal Procedure, in connection with the FIR being C.R.No. 11216001210703/2021 registered with Adalaj Police Station, Dist. Gandhinagar, for the offences under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 120-B of the Indian Penal Code (" IPC " for short).

(2.) The applicant herein has been charged with cheating, criminal breach of trust, forgery and using as genuine a forged document for financial benefits.

(3.) Facts and circumstances giving rise to the present application is that, the informant herein is the owner of one ancestral properties as per his share agreed by the family members. In the year 2019-20, he entered into sale transaction of his properties with accused No.1 - Dhiren Ramoliya by way of agreement to sell dtd. 20/9/2019. By mututal consent, the alleged transaction with Dhiraj Ramoliya was cancelled, however, Mr. Dhiren Ramoliya retained original agreement to sell duly signed by both the parties and after so many reminders, he did not return it to the informant. In February, 2021, the informant was served with summons by Gandhinagar Civil Court. The informant came to know that, the present applicant herein Rajesh Patel filed a civil suit being RCS No.91/2020, for declaration and permanent injunction with respect to the alleged properties referred in the FIR, for which earlier, transaction was cancelled with co- accused Dhiraj Ramoliya. It is alleged in the FIR that, the applicant herein in connivance with co-accused hatched criminal conspiracy to grab the disputed properties. The earlier cancelled agreement being handed over to accused No.2 Rajnikant Soni and with the aid of accused No.2, present applicant herein fabricated forged agreement to sell and replaced some of the cancelled pages of agreement to sell to show the original signature of the informant and on other pages, false signature of the applicant was being put as to the similar of the earlier agreement and thereby, bogus agreement to sell, mentioning therein the amount of Rs.66,51,000.00 per vigha and also mentioned the advance amount Rs.21,00,000.00 given to the informant herein. It is further alleged that, the informant never met the present applicant nor he visited the office of Notary Mr.C.U.Shelat along with present applicant for any sale transaction. In this background facts, the informant herein lodged an FIR against four persons inter alia stating that the accused in connivance with each other, in order to grab the disputed land of the informant at a lesser value, misused some of the pages of earlier agreement to sell and prepared forged agreement to sell to show the sale transaction with the informant.