Sekh Harunnar Rasid v. State Of West Bengal And ANR

C.R.M. (A) 2790 of 2023 07.08.2023 ML. 40 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Illambazar Police Station Case No. 329 of 2021 dated 22.11.2021 under Sections 135(1)(b) of the Electricity Act.

And In the matter of: Sekh Harunnar Rasid ....petitioner.

Ms. Minoti Gomes ...for the petitioner.

Ms. Sutapa Banerjee ...for the State.

Mr. Aniket Mitra ... for W.B.S.E.D.C.L.

1. Heard learned Counsel for the parties.

2. Learned Counsel for the petitioner undertakes that the petitioner shall deposit 50 per cent of Rs. 3,91,435/- within four weeks from today.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of offence and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) the petitioner shall file the copy of the receipt before the I.O. within 15 days of the payment of the 50 per cent of the aforesaid dues.

ii) if the petitioner failed to comply the aforesaid

condition, the liberty of anticipatory bail granted today shall be cancelled without reference to the Bench.

4. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 2790 of 2023 is disposed of.

7. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)