Md. Habibur Rahman @ Hababul Rahaman and Ors. Vs State… — Cheating and Forgery | Calcutta HC (2025)

Md. Habibur Rahman @ Hababul Rahaman and Ors. Vs State… — Cheating and Forgery | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners: in the event of arrest, release on furnishing a bond of Rs. 10,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions and further conditions of cooperating with the investigation, meeting the investigating officer once a fortnight till submission of report in final form, and not threatening or intimidating witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners (Md. Habibur Rahman @ Hababul Rahaman and others) in connection with Islampur Police Station Case No. 105 of 2025, notwithstanding the State's opposition, given the petitioners' claim of a purely civil dispute and their without-prejudice part payments to which the de facto complainant acquiesced.

Court's answer

Anticipatory bail is granted to the petitioners, considering the materials available in the case diary, the fact that the petitioners have made some payments without prejudice during pendency of the application, and the submissions advanced on behalf of the respective parties.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, one of whom must be local, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and further conditions: cooperation with the investigation, meeting the investigating officer once a fortnight till submission of report in final form, and no threatening or intimidating of witnesses.

Detailed headnote1 paragraphs

Anticipatory bail granted — CRM(A) 2608 of 2025: Single-judge order of Jay Sengupta, J. allowing an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Md. Habibur Rahman @ Hababul Rahaman and others in connection with Islampur Police Station Case No. 105 of 2025 dated 04.02.2025, registered under Sections 420/406/34 of the IPC. Petitioners contended the dispute was purely civil in nature and had, without prejudice, paid some amount; the de facto complainant, having received a portion of the dues, raised no objection; the State opposed, asserting no payment had been made and that a prima facie case was clearly made out. Considering the case diary materials, the without-prejudice payments and the parties' submissions, anticipatory bail was allowed: release on arrest upon a bond of Rs. 10,000/- each with two sureties of like amount each (one local), subject to Section 482(2) BNSS / 438(2) CrPC conditions, cooperation with investigation, fortnightly reporting to the investigating officer till submission of the final report, and abstention from threatening or intimidating witnesses.

AD 11 November 19, 2025 Ct. 28 SG

Allowed

CRM(A) 2608 of 2025 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur Police Station Case No.105 of 2025 dated 04.02.2025 under Sections 420/406/34 of the IPC. And In the matter of: Md. Habibur Rahman @ Hababul Rahaman and others … petitioners

Mr. Niladri Sekhar Ghosh Md. Nazar Chowdhury Ms. Priyanka Saha Ms. Sompurna Chatterjee Ms. Labani Sikder Mr. Souvik Dey … for the petitioners Mr. Kaushik Kundu Ms. Rajashree Tah … for the State Mr. Mujibar Ali Naskar Md. Habibur Rahman … for the de facto complainant

Report filed by the State is taken on record.

Learned counsel for the petitioners submits that the dispute in question is purely civil in nature. Yet, without prejudice, the petitioners have paid some amount and are in the process of paying the rest.

Learned counsel for the de facto complainant submits that a portion of the dues has already been paid and the de facto complainant does not have any objection if anticipatory bail is granted to the petitioners.

2

Learned counsel for the State opposes the prayer for anticipatory bail and submits that no payment has been made yet and a prima facie case is clearly made out.

Considering the materials available in the case diary, the fact that the petitioners have made some payments without prejudice during pendency of the application and in view of the submissions advanced on behalf of the respective parties, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioners shall cooperate with the investigation, meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)