CHAKRADHAR NATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of the Cr.P.C. has been filed in connection with CRRI P.S. case No. 157 of 2023 corresponding to G.R. Case No. 792 of 2023 pending in the Court of the learned J.M.F.C. (city), Cuttack, where charge sheet dtd. 8/2/2024 has been filed under Sec. 419,420,465,468,471,120(b),34 of the IPC against the petitioner, one Jagabandhu Nath, Alok Kumar Mandal, Santosh Kumar Mohanty, keeping investigation open.

(2.) The prayer for bail of the petitioner has been rejected on 21/11/2023 by the learned Sessions Judge, Cuttack when investigation was in progress.

(3.) The prosecution allegation in brief as per the F.I.R. is that one Jagabandhu Nath of Sigmapur (Nathasahi) cheated the informant-Sarat Kumar Singh of Rs.12,39,000.00 introducing himself as one Bijay Biswal. He had showed him a property stating that it belonged to one Dhruba Charan Pradhan and taken money by introducing Chakradhara Nath of Nathasahi as Dhruba Pradhan Charan (owner of the land). Alok Kumar Mandal @ Mantu who had earlier played a role in a land deal had sent them to the informant. On 4/6/2023, Chakradhar Nath and Jagabandhu Nath came to his home introducing themselves as Dhruba Pradhan and Bijay Biswal respectively with fake documents of Dhruba Pradhan like Adhar Card and PATTA and took Rs.50,000.00 and a cheque of Rs.1,50,000.00. After some days they returned the cheque of Rs.1,50,000.00 to the complainant and asked for cash. When the informant wanted to visit the landowners house at Jiginpur, Jagabandhu Nath took him to visit his nieces house at Monaharpur. The informant had gone to his niece's house (Bhalu) with his driver Sree Bikash Parida, Dilip Swain (friend) and Sree Subhrajit Singha (brother). There they had given Rs.9,50,000.00 to them with proper bond paper on 5/6/2023. Later they learnt that Bhalu was not the niece of the landowner. On 17/6/2023 Jagabandhu Nath had come to the complainant's house with one person named Rajesh Kumar Swain identifying him as brother-in-law of Dhruba Pradhan and took Rs.2,00,000.00 by executing an agreement and stating that Dhruba Pradhan had gone with his wife to Putapathy for an operation. After some days again the fake brother-in-law asked him for some money stating more money was required for the treatment of wife of Dhruba Charan Pradhan. Complainant gave Rs.39,000.00on phone pe number of Santosh Kumar Mohanty. When the accused persons repeatedly took large amounts from him, he became suspicious. He went to the house of Dhruba Charan Biswal and after talking to him realized that the accused persons had cheated him, and that Bijay Biswal was actually Jagabandhu Nah. When he confronted Jagabandhu Nath, he assured to return the money but did not. On enquiry he learnt that all these persons had conspired and cheated him by impersonating themselves to be Dhruba Charan Pradhan and his relatives. F.I.R. has been lodged by him on 7/10/2023 at 9.00 P.M.