Basiar Rahaman Mallick v. State Of West Bengal

13.08.2021 Item no.22.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 1631 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 09.02.2021 in connection with Singur Police Station Case No.13 of 2021 Dated 21.01.2020 under Sections 135(1)(a) and (c) of the Electricity Act, 2003 And In the matter of : Basiar Rahaman Mallick ......Petitioner.

Mr. Mahammad Mahmud, Mr. M. S. Molla ......for the Petitioner.

Ms. Kumkum Mitra ......for the State.

Mr. Aniket Mitra .....for the WBSEDCL.

The petitioner produces receipt showing payment of an amount of Rs.3,08,424/- as directed vide order dated 30.07.2021.

The State also submits that the said amount has been deposited by the petitioner.

Considering the material on record as well as the fact that the order dated 30.07.2021 has been complied with by the petitioner, we are inclined to hold that the petitioner may be granted anticipatory bail.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.1631 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)