Ashok Kumar Bhakat v. The State Of West Bengal

16.08.2024 Court No.29 Item No. 37 Allowed sg CRM (A) 2826 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Murarai Police Station Case No. 03 of 2021 dated 06.01.2021 under Sections 135(1)(a)/135(1)(b)/138(1)(b) of the Electricity Act, pending before the learned Special Court, Electricity Act at Suri, Birbhum. And In Re: Ashok Kumar Bhakat Petitioner Mr. Bitasok Banerjee Mr. Abdus Salam For the Petitioner Mr. Arani Bhattacharyya For the State Mr. Aniket Mitra For the WBSEDCL

1. Heard the learned counsel appearing for the parties.

2. Learned counsel for the petitioner undertakes that the petitioner shall deposit 50% of the amount provisionally assessed by WBSEDCL within four weeks from date.

3. Charge-sheet is stated to have been filed in the mean time. 4.

Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of offence and completion of

investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the learned Special Court, Electricity Act at Suri, Birbhum, 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.

On payment of the 50 per cent amount as undertaken, a copy of the receipt thereof duly authenticated by the petitioner or his advocate shall be filed before the Court in seisin over the matter within 15 days of the deposit.

ii.

If the petitioner fails to comply the aforesaid condition, the liberty of anticipatory bail granted today shall be cancelled without reference to the Bench.

5.

The petitioner is directed to appear before the I.O within two weeks from today along with a server copy or certified copy of this order. 6.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

5.

The learned Special Court, Electricity Act at Suri, Birbhum is hereby directed to act upon the server copy of this order, if required.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)