ORDER :

1. Heard the learned advocates for the respective parties through video conferencing.

2. RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent – State.

3. 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.11210006200414 of 2020 registered with Dumas Police Station, District Surat for the offences under Sections 406, 420, 389, 504, 120B and 114 of the Indian Penal Code, 1860, (IPC). The kernel of the allegations leveled in the F.I.R is the plot of land being plot no.46 of Shakuntal Orchards, which was allotted in the year 1994 to accused no.1 and thereafter, the same has been subject matter of dispute between the accused and the complainant and her mother.

4. Learned Senior advocate Mr.Lakhani for learned advocate Mr.Pravin Gondaliya has submitted that the documents of disputed land which are placed on record indicate that initially in the year 1994, the co-accused Ritaben Gunvatbhai Barot, who is the sister of the present applicant, was allotted the land by the society i.e. V.K. Firm Cooperative Khethi Samuday Sahakari Mandli Ltd. vide allotment letter dated 24.05.1994. Thereafter, in the year 2006, an agreement to sale was entered into between the co-accused Ritaben Gunvatbhai Barot and the mother of the complainant. It is submitted that in the year 2020, the society allotted the said land to the applicant vide allotment letter/documents dated 24.01.2020.

4.1 It is thus submitted that after 14 years of the agreement to sale/contract dated 22.04.2006, the present FIR has been filed, alleging that though the co-accused no.1 had entered into an agreement of sale by taking ernest money, the said plot of land was got transferred/allotted in the name of accused no.2 by the society vide allotment/transfer deed dated 24.01.2020. It is further submitted that the applicant and the accused no.1 have instituted Regular Civil Suit No.249 of 2020 before the Civil Court, Surat for getting permanent injection and restraining the complainant from dispossessing the applicant, and when the complainant came to be know about the suit instituted by the applicant, as a counterblast, the FIR came to be filed.

4.2 It is thus submitted that the entire dispute is civil in nature and though the civil remedy was available and is existing; the complainant has chosen to lodge the present FIR in order to exert pressure in the pending civil suit. It is further submitted that in the year 2001, more particularly, on 29.01.2002 a cheque of Rs.1,45,000/- was demanded by the complainant against her payment of Rs.60,000/-, which was given to the complainant and it was deposited by her in her account and it was also cleared.

4.3 It is thus submitted that the ingredients of sections 406 and 420 of the IPC are not established in the present case. It is further submitted that section 389 of the IPC cannot be said to be established as there is no allegation of extortion made in the complaint. Finally, it is submitted by learned Senior Advocate Mr.Lakhani that the applicant has fully cooperated with the investigation and she has reported on 10 occasions on 12.11.2020, 13.11.2020, 19.11.2020, 20.11.2020, 30.11.2020, 06.01.2021, 04.03..2021, 09.03.2021, 05.04.2021 and 26.05.2021 before the Investigating Officer.

4.4 It is further submitted, on instructions, that the applicant is also ready and willing to give voice sample for voice spectography for the alleged allegation of threats on phone, which is recorded by the complainant. Thus, it is submitted that custodial interrogation of the applicant is not necessary and the present application may be allowed.

5. Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions, including imposition of conditions with regard to powers of investigating agency to file an application