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Calcutta High CourtCRM (A)/2251/2023allowed

Serajul Haque @ Md Serajul Haque v. State Of West Bengal

2023-06-15Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2251 of 2023 15.06.2023 Sl. 124 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliachak Police Station Case No. 730 of 2018 dated 01.10.2018 under Sections 135(1)(b)(d) of the Electricity Act. And In the matter of: Serajul Haque @ Md. Serajul Haque ....petitioner.

Mr. Musharraf Alam Sk.

...for the petitioner.

Mr. Chittaranjan Ghosh Mr. Narayan Prasad Agarwal ...for the State.

Mr. Aniket Mitra .... for WBSEDCL

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to be filed in the meantime.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of offence, completion of investigation in the meantime, we direct that the petitioner shall appear before the Jurisdictional Electricity Court, Malda, arising out of Kaliachak Police Station Case No. 730 of 2018 dated 01.10.2018 within 15 days from today. Petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that i) the petitioner shall deposit of Rs.2,47,000/- within six weeks from the date of enlargement of bail with the appropriate authority of the concerned DISCOM and a copy of the receipt thereof duly

endorsed by the appropriate authority of the said DISCOM shall be filed before the jurisdictional court, failing which, trial court shall have authority to cancel the bail for noncompliance of the condition.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM (A) 2251 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)