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Calcutta High CourtCRM/6367/2021allowed

Prasanta Kumar Saha v. State Of West Bengal

2021-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

16.12.2021 tkm/ct 28 C.R.M. 6367 of 2021 sl no. 71 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Baishnabnagar P.S Case no. 106 of 2013 dated 2.5.2013 under sections 135(i)(a) of the Electricity Act And Allowed In Re : Prasanta Kuamr Saha @ Prosenjit Saha ...... petitioner Mr. A K Bhowmick ...... for the petitioner Mr. N P Agarawala Mr. Pratick Bose ...... for the State Heard the learned advocates appearing for the respective parties.

Petitioner has deposited the entire sum to the tune of Rs. 27,071/- against the bill raised for unmetered consumption without prejudice to his rights and contentions. In view of the aforesaid fact and bearing in mind the nature of allegations, we are of the opinion that custodial interrogation of the petitioner may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 2,000/- 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 petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 6367 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)