Khodeja Bewa Sekh @ Khudeja Bewa v. State Of West Bengal And ANR

09.02.2021 Court No.28 Item No. 160 Krishnendu ALLOWED C.R.M. 9706 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Khodeja Bewa Sekh @ Khudeja Bewa ......Petitioner Mr. Sourav Chatterjee Ms. Tina Biswas ....For the Petitioner Mr. Narayan Prasad Agarwala Mr. Pratik Bose ....For the State Mr. Aniket Mitra .... For the O.P. No.2 Leave is granted to the learned advocate for the petitioner to correct the police station case number.

Apprehending arrest in connection with Kaliganj Police Station Case No. 475 of 2020 dated 07.10.2020 under section 135(1)(a) of the Electricity Act, 2003, the petitioner has filed the present application.

Heard Mr. Chatterjee, learned advocate appearing for the petitioner.

Mr. Mitra, learned advocate appearing for the opposite party no. 2 informs this Court that pursuant to the earlier direction of this Court, 50% of the pilfered bill of unmetered consumption of electricity to the tune of Rs.2,44,522/- has already been deposited by the petitioner.

Considering the materials in the case diary and since the amount, as earlier directed by this Court, has already been

deposited, we are of the opinion that custodial detention of the petitioner is not warranted. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Khodeja Bewa Sekh @ Khudeja Bewa, shall be released on bail upon furnishing a bond of Rs.10,000/- 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. 9706 of 2020, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)