Krishanu Ghosh And ORS. v. The State Of West Bengal And ANR.

04.07.2024 SL No.52 Court No.29 TN (Allowed) CRM (A) 2131 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Dumdum Police Station Case No.143 of 2024 dated 16.04.2024 under Sections 135/138 of the Electricity Act, 2003. And In the matter of : Krishanu Ghosh and others. - petitioners.

Mr. Joy Chakraborty .... for the petitioners.

Ms. Sreyashee Biswas ... for the CESC Limited.

Mr. Prasun Dutta, Ms. Sima Biswas ....for the State.

1. The learned counsel for the petitioners submits that the petitioners have deposited fifty per cent of the amount finally assessed during the pendency of this application.

2. The learned counsel for the CESC Limited submits that they have received the aforesaid sum and the petitioners have assured of clearing the balance amount in instalment and the matter is under consideration by the CESC Limited.

3. Considering the materials available in the case diary and having regard to the fact that the petitioners have admittedly paid fifty per cent of the amount finally assessed, we are of the view that custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Krishanu Ghosh, Kamalesh Ghosh and Jhuma Dutta @ Nandita Dutta shall be released on bail Signed By :

TANMOY NANDAN High Court of Calcutta 5 th of July 2024 03:39:05 PM

upon furnishing a bond of Rs.10,000/- each, with two registered 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.

5. It is further directed that the present accused petitioners shall appear before the learned trial court within two weeks from date and pray for regular bail.

6. The documents showing payment of fifty per cent of the finally assessed amount is taken on record.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 5 th of July 2024 03:39:05 PM