Calcutta High Court (Appellete Side)
Debapratim Neogie vs (Allowed) State Of West Bengal on 13 November, 2018
1 41 13.11.2018
C.R.M. 8467 of 2018 sg In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
Ct. No.34
Debapratim Neogie
Versus
(Allowed) State of West Bengal
Mr. Avirup Mondal, Adv.
Mr. S. Ganguli, Adv.
...for the petitioner.
Mr. Madhusudan Sur, APP.
...for the State.
Mr. Debkumar Sen, Adv.
Mr. Amitava Das, Adv.
...de-facto complainant
The petitioner seeks anticipatory bail in connection with Durgapur Police Station Case No. 425 of 2018 dated 29.08.2018 under Sections 420/406 of the Indian Penal Code.
The de-facto complainant is represented and says that the despite the payment on account of electricity being handed over to the petitioning landlord, the payment has not been deposited with the Durgapur Power Limited, as a consequence whereof, the petitioner's office is in the dark.
The State produces the case diary and says that the complaint is of the petitioner withholding money tendered on account of electricity by the de-facto complainant.
Considering the civil nature of the dispute, there does not appear to be any need for the petitioner to be subjected to custodial interrogation.
It will be open to the petitioner to attempt to directly pay Durgapur Power Limited the charges in respect of electricity used or proposed to be used at the de-facto complainant's part of the premises.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions indicated above. A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)