Calcutta High CourtCRM (A)/1217/2026allowed

Goutam Mallik v. State Of West Bengal And ANR

2026-05-11Hon'Ble Justice Jay Sengupta2 pages

11.05.2026 Court No.28 Item No.34 ssi CRM (A) 1217 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Chandipur Police Station Case No. 0406 of 2025 dated 02.11.2025 under Sections 136 (1) (a), 136(1) (b), 137, 138 (1) (a), 138 (1) (b) in the Electricity Act, 2003.

And In the matter of: Goutam Mallik .... Petitioner Mr. Dinesh Pani ...for the petitioner Mr. Aniket Mitra ...for the WBSEDCL No one appears on behalf of the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been needlessly made an accused in this case. The principal offender has been granted anticipatory bail by the Sessions Court.

Learned counsel appearing on behalf of the WBSEDCL submits that there was a smart meter installed at the petitioner's premises. The petitioner, in collusion with the contractor, also installed an old meter in the said premises so as to show lesser consumption of electricity. However, the contractor has been granted anticipatory bail.

Considering the allegations levelled in the FIR and the fact that the authorized contractor in question was granted anticipatory bail by the Sessions Court, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioner shall not threaten or intimidate the witnesses.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)