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Calcutta High CourtCRM/4653/2021allowed

Anesh Sk@Sk Anesh v. State Of West Bengal And ANR

2021-12-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

14.12.2021 Sl. No.17 akd [ALLOWED] C. R. M. 4653 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.07.2021 in connection with Harishchandrapur Police Station Case No. 396 of 2017 dated 06.05.2017 under Section 136(a) of the Electricity Act, 2003. And In Re: Anesh Sk. @ Sk. Anesh ... ... Petitioner Ms. Minoti Gomes Mr. Mounick Ghosh ... ... for the petitioner Mr. Aniket Mitra ... ... for the WBSEDCL Mr. Narayan Prasad Agarwala Mr. Ashok Das ... ... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. It is further submitted that investigation is complete.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Learned advocate appearing for the WBSEDCL submits that the petitioner had stolen electric meter.

We have considered the materials on record. Keeping in mind the nature of allegations and as investigation is complete, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Anesh Sk. @ Sk. Anesh, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only),

with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)