PUTUL MITRA DUTTA Vs. STATE OF C.G.

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed by the petitioner to cancel the bail granted to respondent No. 2 vide order dtd. 28/1/2021 passed by this Court in MCRC No. 9348 of 2020.

(2.) The brief facts as reflected from the record are that respondent No. 2 filed MCRC No. 9348/2020 on 11/12/2020 for grant of bail in connection with Crime No. 877/2020 registered at Police Station- Civil Lines, Bilaspur on 28/11/2020 for commission of offence under Sec. 120B & 420 of IPC.

(3.) The prosecution story, in brief, is that in the year 2012, respondent No. 2 got an agreement fraudulently executed with complainant/ petitioner's mother namely Isharani Mitra Garhewal for sale of land bearing Khasra No. 316/34 admeasuring 1800 sq.ft. of the complainant in favour of the respondent No. 2 for a consideration of 90 lacs on the assurance that respondent No. 2 would get a house constructed for complainant/petitioner's mother on the land costing at Rs.20.00 lacs, but respondent No. 2 has not given any amount to the complainant, but sold some portion of the land in the year 2017 on a higher price. Thus, respondent No. 2 cheated the complainant/petitioner's mother, got registered the property in his name and thereby committed offence under Sec. 420 & 120B of IPC. The petitioner's mother has raised objection on 22/12/2020 for releasing respondent No. 2 on bail. Thereafter, respondent No. 2 filed an application regarding the compromised arrived between the petitioner's mother and respondent No. 2 on 20/1/2021. The relevant clause of the agreement reads as under:-