ORAL JUDGMENT

1. By way of this application filed under Section 438 of the Code of Criminal Procedure, 1973, (for short "the Code") the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11214020210384 of 2021 registered with Kamrej Police Station, Surat Rural, District Surat, for the offences under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (the IPC).

1.1 Criminal Misc. Application No.12672 of 2021 and allied matters, seeking bail under Section 438 of the Code of Criminal Procedure, 1973 by the applicant along with other accused persons in the FIR being C.R. No.11214020210094 of 2021 registered with Kamrej Police Station, District Surat for the offences under Sections 120(B), 420, 465, 467, 468 and 471 of the IPC, is rejected by this Court by a separate order. The present FIR is different but the main accused in this FIR is the same i.e. Jatin Kantilal Patel. There are four other accused viz. Jaykumar Vinubhai Vinodbhai Togadiya – present applicant, Rajubhai N. Patel, Rajeshbhai D. Trivedi and Kamla R. Roy.

2. The allegations levelled in the FIR, in brief, are as under.

2.1 The first informant is the first wife of the main accused – Jatinbhai Kantilal Patel. She got married with the accused No.1. The first informant has two sons about 19 and 17 years of age. The accused No.1 was not taking care of the first informant and used to pick up quarrel and have entered into extramarital affair with one Nishaben and, therefore, she had taken divorce with the accused No.1 on 26.06.2019.

2.2 It is alleged that land bearing Block No.61 (old Block No.199) and Survey No.257 situated at village Kolwad, Old Block No.163 and Survey No.357 situated at village Kolwad were running in the name of Amitaben – the present first informant, Jigneshbhai and Jatin Kantilal Patel and the administration of the said land is being done by the father of the accused No.1 namely, Kantilal Patel.

2.3 It is alleged that on 23.12.2020, when the first informant went to take out the extract of Village Form No.7/12 of the said land from the ofÏce of the Mamlatdar, it was revealed that one (temporary note) rough Entry No.11950 of 2020 is mutated in respect of one registered sale deed along with that, one consent afÏdavit dated 28.11.2020 of the first informant and her brother in law - Jignesh Kantilal Patel was produced with the sale deed, which is in favour of the present applicant – accused No.2 and the seller is shown as the accused No.1 Jatin Kantilal Patel. It is alleged that the forged and fabricated consent letter dated 28.11.2020, is used in the said transcation since at the relevant point of time, the accused Jignesh Kantibhai Patel was in USA on 04.12.2019 and had not returned to India and the first informant has not signed such documents and the said documents were executed in presence of Notary advocate and the so-called witnesses, who are also the part of the conspiracy.

2.4 The first informant has alleged that accused No.1- Jatin Kantilal Patel has prepared the forged documents dated 28.11.2020 of the consent letter of his earlier wife, notarized by public notary Mr.Rajesh D. Trivedi and the same is registered at Sr.No.24687 of 2020, in the name of the first informant. It is alleged that the said document is witnessed by advocate Kamla R. Roy and the document is witnessed by Mr.Rajubhai Patel and Mr.J.K. Patel.

2.5 The accused No.1 - Jatin Kantilal Patel, thereafter sold the land of Village Kolwad, bearing Block No.61 to the accused No.2 - Jaykmar by preparing bogus sale deed and without paying any sale consideration to the accused No.2. Thus, it is alleged that the present applicant has played active role in assisting the accused No.1 - Jatin Kantilal Patel by creating false evidence with regard to sale transactions and also being executed a sale deed of the land situated at Kolwad village by preparing forged document dated 28.11.2020.

3. Learned advocate Mr.Mangukiya, appearing for the applicant-accu