ORDER :

1. Rule. Ms. Jirga Jhaveri, learned APP waives service of notice of Rule on behalf of respondent-State.

2. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11191019220237 of 2022 with Vatva GIDC Police Station, Ahmedabad City for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code.

3. Learned advocate for the applicant states that the complainant has decided to purchase the property of the applicants in Rs.70 lakhs and the applicants have told the complainant that loan of Rs.30 lakhs is due of this property and the applicants have taken Rs.25 lakhs from the complainant and executed registered agreement to sell on 21.10.2019 and thereafter, the applicants neither given possession of the said property nor they have executed sale-deed of the said property and nor returned Rs.25 lakhs to the complainant. Though, applicants have executed registered agreement to sell, in favour of the complainant, the complainant did not receive money from the applicants and thus, they have