Partly allowed

Radhakrushna Sethi v. State of Odisha

Orissa HC6 Jul 2023ABLAPL/5777/2023

Case brief

AI extract

What is this about?

The High Court of Orrisa considered an application for anticipatory bail under Section 438 CrPC. Due to the gravity of the offences involving illegal trafficking and fake Aadhaar identity documents, the court refused anticipatory bail but directed the petitioner to surrender within three weeks to enable the lower court to decide on the bail application.

What did the court decide?

Anticipatory bail refused; direction to surrender within three weeks for disposal of bail application by the competent court.

Radhakrushna Sethi Vs State of Odisha — Corruption | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 5777 of 2023

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Radhakrushna Sethi

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…. Petitioner

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Mr. A. Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. M.K. Mohanty, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

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ORDER

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Order No. 06.07.2023

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1. Heard learned counsel for the Petitioner and the State.

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This is an application for bail U/s. 438 Cr.P.C filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 14 A(b) and 14 C of the Foreigners Act and Section-34 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act in connection to C.T case No. 201 of 2023 arising out of Basta P.S Case No. 90 of 2023 pending in the file of learned J.M.F.C., Basta.

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Perusal of the FIR reveals that the accused persons namely Mizam, Sk. Sabir, Deepak @ Purna Chandra Behera and one Monika of Bangladesh are Trafficker and they have imported the accused Rasmi Khatun and Pali @ Sila Akhtar @ Priya Sahu from Bangladesh to India by tracepassing India Bangaldesh border area illegally without any visa or authorized certificate documents in the year 2018-2021. The accused

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// 2 //

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person namely Likun @ Linkan Sahu, G. Chandra Sekhar Rao, Radhakrushna Sethy (present Petitioner) of Khurda road have prepared Aadhar Card in the name of Rasmi Khatun and Pali @ Sila Akhtar @ Priya Sahu showing them as Indian citizen. Accused Pali @ Sila Akhtar and Rashmi Khatun both are Bangladeshi who illegally entered in India without any documents. Accused persons namely Manika, Mizano, Sabirur Rahaman and Deepak @ Purna Chandra Behera are abettor and accused persons likun @ Linkan Sahu, Radha Krushna Sethy (present Petitioner) and G. Chandra Sekhar Rao and local councilor of Khurda Road have prepared illegal Aadhar Card.

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Having regard to the nature and the gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed in the event the Petitioner surrenders before the Court in seisin over the matter within a period of three weeks hence, the learned court concerned shall pass appropriate order in accordance with law, having regard to the gravity of the offence and other circumstances on its own merit not being influenced by the direction passed by this Court for disposal of application and shall apply its wisdom by allowing or rejecting the application. With the above direction, the ABLAPL stands disposed of.

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(Chittaranjan Dash)

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Judge

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Signature Not Verified

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B.K Sahoo

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Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: High Court of Orissa Date: 07-Jul-2023 19:11:23

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Radhakrushna Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Radhakrushna Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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