Ashik Newaj @ Ashik Newaj Bin Goni @ Ashik Nawaz Bin Goni v. The State Of West Bengal And ANR

11.09.2025 Sl. no. 9 Ct. No. 3 P.M.

(Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (A) 550 OF 2025 In re : An application for anticipatory bail under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Electricity Case No. 186 OF 2025 arising out of Dinhata Police Station Case No. 30 of 2025 dated 16.01.2025, under Sections 138 (1) (b) of Electricity Act 2003. In the matter of : Ashik Newaj @ Ashik Newaj Bin Goni @ Ashik Nawaz Bin Goni.

... petitioner Mr. Surojit Basu, Mr. Ratan Chandra, Mr. Sayantan Bhowmik .....for the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Ujjwal Luksom ......for the State.

1. Learned counsel for the State has filed the report. Let it be taken on record.

2. Learned counsel for the State submits that the deed has been found to be genuine, however, learned counsel opposes the bail application on the ground that he sold the property without clearing the dues.

3. The Court considers that on this contention merely the pre-arrest bail cannot be denied to the petitioner.

4. Thus taking into account and the facts and circumstances of this case, if Investigating Officer feels necessary of effecting the arrest of the petitioners they be admitted to anticipatory bail by furnishing personal bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the Investigating Officer, subject to the conditions that petitioner shall join the investigation and petitioner shall not visit the house of his father and subject to the condition as laid down under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and subject to the condition that the petitioner shall join the investigation as and when directed by I.O.

and on further condition not to threaten or intimidate witnesses and to attend the jurisdictional Court on dates fixed.

5. The application for anticipatory bail being CRM (A) 550 of 2025 is, thus, allowed.

6. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Dinesh Kumar Sharma, J.)