Md. Mahbub Alam v. The State Of West Bengal And ANR.

15.7.2024 SL No.60 Ct No. 29 SB CRM (A) 2409 of 2024 In Re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita 2023; under Section 438 of Code of Criminal Procedure filed in connection with Topsia Police Station Case No. 65 dated 14.5.2024 under Section 135 / 138 of the Electricity Act, 2003.

And Md. Mahabub Alam Vs.

The State of West Bengal & Anr.

Mr. Indranil Halder ... for the petitioner Mr. A.A.Siddiqui ... for the State Ms. Sreyashee Biswas ... for CESC 1.

Learned counsel appearing for the petitioner submits that a false complaint has been lodged implicating the petitioner. However, the petitioner are willing to deposit 50% amount of the finally assessed within two weeks from date without prejudice to the rights and contention and shall file a statutory appeal against the said order of final assessment.

2.

Learned advocates appearing for the State and de facto complaint submitted that it is a case of direct hooking. 3.

Considering the materials available in the case diary and having regard to the fact that the petitioner is willing to deposit 50% amount of the finally assessed within two weeks from date, subject to its rights for filing statutory appeal, we are of the opinion that custodial interrogation is not necessary. Moreover, charge-sheet has already been submitted.

4.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/- with Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 16 th of July 2024 05:57:27 PM

two registered sureties of like amount each, one of whom must be local, 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. It is further directed that the present petitioner shall appear before the learned Special Judge, E.C. Act, Alipore within two weeks from date and pray for regular bail. 5.

The petitioner shall deposit 50% amount of the finally assessed within two weeks from date. In the event, the statutory appeal is preferred this order shall not stand in the way and the statutory appeal shall be decided without being swayed by any observation made in the order impugned.

6.

It is further directed that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

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. (Uday Kumar, J.) (Soumen Sen, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 16 th of July 2024 05:57:27 PM