Calcutta High CourtCRM/2274/2021allowed

Sk.Kamruzzaman @ Mantu v. State Of West Bengal

2022-02-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM No.2274 of 2021 Via video conference 15.02.22 (S.R.) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Mahishadal Police Station Case No.07 of 2020 dated 08/01/2020 under Section 135(1)(a) of the Electricity Act;

Sl.05 Ct.32 And In re: Sk. Kamruzzaman @ Mantu ... petitioner.

Mr. Suman De ... for the petitioner.

Mr. Imran Ali Mr. Pratick Bose ... for the State.

Mr. Aniket Mitra ... for the WBSEDCL.

Mr. De, learned advocate appearing for the petitioner submits that fifty percent of the provisional bill amount has been deposited by the petitioner. Such fact has not been disputed by Mr. Mitra, learned advocate appearing for the WBSEDCL.

Considering the nature of accusations and the fact that the petitioner has deposited fifty percent of the provisional bill amount, we are of the opinion that custodial interrogation is not necessary. Accordingly, we direct that in the event of arrest the petitioner will 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that the petitioner shall attend the learned trial court on all the dates as specified for hearings. It is further directed that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply

with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further reference to this Court.

The application for anticipatory bail being CRM No.2274 of 2021 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)