DURGA CHARAN PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 439 of Cr.P.C. in connection with Bharatpur P.S. Case No.392 of 2023 corresponding to C.T. Case No.1205 of 2023, pending in the Court of the learned J.M.F.C.-V, Bhubaneswar under Ss. 120-B, 465, 467, 468, 471, 420 of IPC.

(2.) The prayer for bail of the petitioner had been rejected on 2. 01.2024 by the learned 2nd Addl. Sessions Judge, Bhubaneswar in B.A.No.2362 of 2023.

(3.) The prosecution allegation in brief is that the daughter of the informant wanted to purchase a piece of land in Bhubaneswar. She came across an advertisement in the Odia Daily newspaper, 'the Samaj' dated 31. 12.2022 and contacted the builder Abhishek Sethi, who deputed one K.Krishna Reddy and Bikash Sethi who showed the complainant a developed land located at Mauza:Gangapada of Jatni Tahasil, Khurda. The informant visited the office of Abhisek Sethi and his partner, Asutosh Ojha and he offered the informant a plot of land at the rate of Rs.310.00 per sq ft. Thereafter, the informant has made payment to the builder on different dates and he was shown a patch of land belonging to the present petitioner. A sum of Rs.13.00 lakhs has been transferred to the account of the petitioner on 19/4/2023 by the informant and Rs.1,50,000.00 was collected by Abhisek Sethi towards registration and other legal expenses. In total a sum of Rs.20.00 lakhs had been paid by the informant to the three accused persons. On 21/4/2023, sale deed was executed by the petitioner for an area of 6000 sq ft. in the name of the informant and his wife but a false and fabricated sketch map was given by showing existence of road on both sides of the land. After receipt of the ROR, the informant applied for conversion of the land to homestead on 19/6/2023 and got to know that the purchased land was at a different place, far away from the land actually shown before registration. So, he lodged F.I.R. The petitioner was arrested on 13/12/2023 and thereafter he has returned the amount of Rs.13.00 lakhs to the informant and also given another demand draft for Rs.6.00 lakhs in the name of one Subash Chandra Mohanty and Pravasini Mohanty.