SAMBIT RAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Markatnagar P.S. Case No.97 of 2025 corresponding to G.R. Case No.512 of 2025 pending in the Court of learned J.M.F.C.-I (Cog.Taking), Cuttack, for commission of offences punishable U/Ss. 318(4)/319(2)/336(3)/354/115(2)/127(2)/ 351(3)/308(5)/ 308(7) of BNS.

(2.) The present case arises out of an FIR lodged by one Vijay Khandelwal alleging therein that he came in contact with the petitioner during a spiritual gathering in the year 2022 at his residence and taking advantage of the informant's religious inclination and emotional vulnerability, the petitioner misrepresenting himself to be a son of one IAS Officer, fraudulently projected himself as a person endowed with spiritual powers and accordingly, deceitfully induced the informant with false representation and gaining emotional control and trust of the informant and exploiting his influence, the petitioner gradually intruded into the informant's business activity and personal affairs and in the process, the petitioner managed to transfer the land in his favour through a false gift deed and also obtained an adoption deed by forging the signatures of the informant and his wife, and the petitioner had also taken a sum of Rs.60.00 to 70 Lakhs through bank accounts from the informant for buying a land in UP and later on took Rs.1.00Crore through bank and made fixed deposit without any knowledge of the informant. It is also alleged by the informant that the petitioner was always travelling in his(informant's) vehicles and subsequently, induced the informant to purchase vehicles and accordingly, the informant purchased vehicles namely, one Hyundai Exeter bearing Regd. No. OD-02-CT-4067 & another Toyota Fortunner bearing Regd. No.OD-05-BE-1188. The informant, however, could know from his daughters that the petitioner induced him to part a sum to the tune of approximately Rs.3.00 to 4 Crores on the pretext of him being a God man. On this background, the informant has lodged an FIR against the petitioner, who was taken into custody on 25/5/2025 and upon completion of investigation, charge sheet has been placed in this case for commission of offence punishable U/Ss.318(4)/ 319(2)/ 336(3)/ 354/ 115(2)/127(2)/351(3)/308(5)/308(7) of BNS. Being unsuccessful in securing his liberty before the learned trial Court and the learned Sessions Court, the petitioner is before this Court in this present bail application.

(3.) Heard, Mr. Durga Prasad Nanda, learned Senior Counsel, who is being assisted by Mr. Bibhuti Bhusan Choudhury, learned counsel for the petitioner; Mr. T.K. Acharya, learned Addl. PP and Mr. Dharanidhar Nayak, learned Senior Counsel, who is being assisted by Ms. Bini Mishra, learned counsel for the informant in the matter and perused the record. In addition to their oral arguments, the parties have filed their written notes of submission.