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Calcutta High CourtCRM/6797/2021allowed

Humayun Sekh @ Humayun Sk And ANR v. State Of West Bengal And ANR

2021-12-06Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

06.12.2021 Court No.32 rpan /04 C.R.M. 6797 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Humayun Sekh alias Humayun Sk. & Another - Petitioners.

Mr. P. Ghosh, Ms. Priyanka Saha ... for the petitioners.

Ms. Kumkum Mitra ... for the State.

Mr. Aniket Mitra ... for the WBSEDCL.

Apprehending arrest in connection with Nalhati P.S. Case No.320 of 2021 dated 07.09.2021 under Section 135(1)(a) of the Electricity Act, 2003 as amended upto date, the petitioners have filed the present application.

Heard the learned advocates appearing for the respective parties. Pursuant to the earlier direction of this Court both the petitioners have deposited 50 per cent of the total quantified amount. Let a copy of the receipt, as produced, be kept on record. In view thereof, we are of the opinion that custodial interrogation is not warranted in the facts and circumstances of the case. Accordingly, we direct that in the event of arrest the petitioners, namely, Humayun Sekh alias Humayun Sk. and Rentu Sekh alias Rentu Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the

Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail, being CRM No.6797 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)