ORDER :

Rule returnable forthwith. Mr. Pranav Trivedi, learned A.P.P. waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.

1. By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the applicant – original accused seeks regular bail in connection with an F.I.R. being C.R. No.11210015200088 of 2020 registered on 10th October 2020 with D.C.B. Police Station District : Surat city for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

2. The case of the prosecution in brief, as stated in the F.I.R., is as under :

“As a part of the criminal conspiracy, under the pretext of availing the bank loan, Rajeshbhai Ravjibhai Karkar obtained power of attorney from my father on 21st July 2020 and on the same day, fraudulently executed agreement to sale in the name of Lalji Kanubhai Radadiya. Moreover, a person named Sanny Madas asked us to contact him if we need to avail loan and in collusion with other persons, he prepared agreement for sale and power of attorney. Thereafter, on 21/08/2020, a notice was published that if anyone had objection about selling the land, then the same shall be informed within 7 days. Upon learning about the said notice, we objected to it in public on 27th August 2020. However, on the next day i.e. 28th August 2020, fabricated sale deed was executed in favor of Ashwinbhai Rameshbhai Pansheriya which is pending on account of dispute at the office of the Sub-registrar. The cheques of consideration have not been deposited in complainant's account or in the account of his father. Parth Santoshkumar Zaveri, Ghanshyam Parsottambhai Desai and Hasmukh Manubhai Tagadiya have signed as witnesses in the said power of attorney, agreement for sale and fabricated sale deed. In order to release the fabricated sale deed and to usurp the land, fabricated affidavit bearing signature and thumb impression of my father, was executed before notary. They submitted this fabricated affidavit as the authentic affidavit. My father has not executed any such affidavit. All the accused persons have played active role in the criminal conspiracy and thus committed offense.”

3. In connection with the aforesaid F.I.R., since the applicant was apprehending his arrest, he approached the learned 3rd Additional Sessions Judge, Surat by way of Criminal Miscellaneous Application No.5288 of 2020, which came to be rejected by the learned Sessions Judge, vide its order dated 21st November 2020.

4. Thereafter, the applicant has approached this Court seeking, inter alia, anticipatory bail by way of Criminal Miscellaneous Application No.18846 of 2020, wherein, initially, vide order dated 4th December 2020, as an interim relief, the applicant was protected from his arrest. Thereafter, the Coordinate Bench of this Court, after hearing of the parties, granted anticipatory bail with condition vide order 8th March 2021. As per one of such conditions No.6(b), the applicant was to remain present on 15th March 2021 between 11.00 a.m. to 2.00 p.m. However, due to some lack of communication, the applicant could not appear before the concerned police station, as directed by this Court, thereby, Criminal Miscellaneous Application No.1 of 2021 in Criminal Miscellaneous Application No.18846 of 2020 came to be preferred for extension of time and the said application, vide order dated 30th March 2021, came to be allowed and accordingly, the applicant was directed to remain present before the concerned police station on 10th April 2021 between 11 A.M. to 2.00 P.M.

5. It appears that in the interregnum period, one another F.I.R. came to be lodged with Dumas Police Station, Surat city and in connection thereof, though the name of the applicant was not mentioned in the F.I.R., the applicant was apprehending his arrest and did not remain present before the concerned police station on 10th April 2021. Therefore, on account