IMPORTANT POINT
The main legal point established in the judgment is that the grant of anticipatory bail should be based on valid grounds, including the seriousness of the offence, the accused's criminal history, and the likelihood of the accused absconding.

JUDGMENT :

1. By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the order dated 03.09.2022 passed by the learned Additional Sessions Judge, Gondal, District - Rajkot in Criminal Misc. Application No.382 of 2022, whereby the learned Sessions Judge has granted anticipatory bail to the respondent – original accused.

2. Facts of the case are as under :-

2.1. The applicant is the original complainant who has filed FIR being CR No.11213030220338 of 2022 registered with Lodhika Police Station, Rajkot for the offences punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code, 1860, FIR being CR.No.11213030220338 of 2022 registered with Lodhika Police Station, Rajkot. It is relevant to mention that forged, fabricated and concocted documents dated 27.07.2018 have been created concerning valuable land of the present applicant value of which is in crores of rupees and the said document indicates that the present applicant had agreed to sell such valuable land at the rate of Rs.11,51,000/-. Based on the said forged and concocted document, a civil suit was filed before the competent Court being Regular Civil Suit No.68/2022. It is in connection with the said civil suit, the applicant herein came in the knowledge of the fact that such forged and concocted Banakhat has been executed and therefore, appropriate complaint was filed before the concerned Investigating Officer. It is submitted that the applicant herein will demonstrate that a syndicate is operating in the District Rajkot whereby such Banakhats pertaining to valuable lands are executed and the lands are put into dispute and thereafter the parties are pressurized since the accused in connection with the said offences are having serious criminal charges and antecedents and finally the matters are being settled. This modus operandi is not unknown in the land transactions.

2.2. In the present case the investigation revealed that the accused i.e. the private opponent herein was the main conspirator in the alleged offence. That, the private opponent herein is the main conspirator behind such transaction. It is submitted that in past also, similar offences were committed by the private opponent herein and the applicant herein will demonstrate in detail as to how the private opponent herein has checkered history of criminal cases to his credit. The private opponent herein is the one who has got the document executed through one Chandrapal G. Khuman, Advocate. The said advocate in the statement has revealed that the private opponent herein has came with the papers of the Agreement in question and thereafter, signatures etc. were put by the said advocate. Thus, the private opponent herein was fulcrum of the entire transaction and the main conspirator who has participated in act of making forged document. It is submitted that the private opponent herein was initially protected by way of an interim order dated 29.08.2022. That, the application of bail was preferred by private opponent herein on 25.08.2022 and since the affidavit was not filed by the concerned Investigating Officer by that time, an order granting interim protection was passed on 29.08.2022 without perusing any material merely on the assertion of private opponent that police is approaching his residence now and then. The applicant submits that the offence is serious in nature. The transactions are totally bogus and sham which have been done only with a view to usurp valuable land of the present applicant and put the land in dispute.

Though the land is situated at Rajkot and stamp paper is purchased from Rajkot, the document is notarized at Upleta where neither of the parties resides. To the knowledge and information of the applicant herein, the Notary at Upleta has also similar offences to his credit. The Aadhar card which has been used to notarized the document is of the year 2018 while there is another Aadhar card which