Abulkasem Chowdhury v. State Of West Bengal

25.01.2022 Serial no.115 Aloke (Through Video Conference) Ct. No. 29 CRM (A) 261 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.01.2022 in connection with Arambagh Police Station Case No. 421 of 2021 dated 17.11.2021 under Sections 135(1)(a)(e) of the Electricity Act, 2003.

-AndIn the matter of : Abul Kasem Chowdhury ... ...Petitioners Mr. Nildari Sekhar Ghosh, Advocate Ms. Sompurna Chatterjee, Advocate ... ... For the Petitioners Ms. Kum Kum Mitra Advocate ... ... For the State Mr. Aniket Mitra, Advocate ... ... For WBSEDCL Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He claims that it is alleged as against the petitioner that the petitioner obtained a domestic electricity connection and was using it for commercial purposes. It is also alleged as against the petitioner that the petitioner was running a poultry farm and that the petitioner also using the electricity for the purpose of charging electric vehicles.

Learned Advocate appearing for the WBSEDCL submits that the petitioner is guilty of committing theft of electricity. State is represented.

In the fact of the present case the complicity of the petitioner in the incident and the petitioner being criminally liable for user of electricity cannot in the manner rule out at this stage. Consequently, we are unable to grant anticipatory bail to the petitioner.

CRM (A) 261 of 2022 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)