Arshad Baidya v. State Of West Bengal

30.04.2021 S.D.

02.

CRM 3346 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure.

And In the matter of: Arshad Baidya ....Petitioner.

Mr. Amanul Islam Mr. Rohit Banerjee ...for the Petitioner.

Mr. Pratick Bose ....for the State.

Mr. Aniket Mitra ...For W.B.S.E.D.C.L.

This is an application under Section 439 of the Cr.P.C. praying for release of the petitioner/accused on bail who has been charge sheeted in connection with Nakashipara Police Station Case No. 52 dated 2.2.2018 under Sections 135(1)(a) of the I.E. Act. Charge Sheet No. 111 of 2018, dated 28.2.2018 has already been submitted after investigation. I have heard learned Advocate for the petitioner, learned Advocate for the State and learned Advocate for the Electricity Department who has pressed in service photocopies of Provisional Assessment to the tune of Rs.1,97,237/- and Final Assessment Bill amounting to Rs.1,48,211/-. It signifies that the petitioner had the opportunity of being heard before the Electricity Department Authority and the provisional assessment amount was reduced to the sum of Rs.1,48,211/-. This amount is payable by the petitioner/accused and then only the matter can be compounded not otherwise.

Therefore, the petitioner/accused be released on bail upon furnishing a bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of like amount; one of whom must be local subject to depositing a sum of Rs.50,000/- out of the total assessed amount of Rs.1,48,211 with the authority of the Electricity Department to the satisfaction of learned Special Judge, Electricity Tribunal, Nadia.

Accordingly, CRM 3346 of 2021 is disposed of. (Shivakant Prasad, J.)