Chandan Sarkar v. State Of West Bengal

22.09.2023 (M/L 277) Ct. No.29 Allowed (SKB) CRM (A) 3885 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dum Dum P.S. Case No.402 dated 26.07.2023 under Sections 135/138 of the Electricity Act, 2003.

In the matter of : Chandan Sarkar ... Petitioner Mr. Bidyut Kr. Halder, Mr. Indranil Halder, Ms. Neha Singh ... for the petitioner Ms. Sreyashee Biswas ... for the CESC

1. Heard the learned Counsel for the parties.

2. Learned counsel for the petitioner submits that the petitioner undertakes to deposit 50% of the final assessment of Rs.2,43,528/- within four weeks from today.

3. Regard being had to such undertaking, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest 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 the petitioner shall file a copy of the receipt of payment of 50% of the aforesaid amount with the DISCOM before the IO within a week from the date of

payment. If the petitioner fails to comply with the condition as imposed by us, the learned court below has the liberty to cancel the bail after hearing the parties.

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

5. The application being CRM(A) 3885 of 2023 is disposed of.

6. The Arresting Officer is hereby directed to act upon the server copy of this order.

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