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 local), subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, fortnightly meetings with the investigating officer until the final report, and no threatening or intimidation of witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners in connection with Islampur Police Station Case No.1104 of 2024 under Sections 420/406/34 IPC.

Court's answer

Considering the materials in the case diary, the payments made by the petitioners without prejudice during pendency of the application, and the submissions of the respective parties, the Court was inclined to grant anticipatory bail to the petitioners.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on a personal 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 conditions under Section 482(2) BNSS corresponding to Section 438(2) CrPC, 1973, with further conditions to cooperate with the investigation, meet the investigating officer once a fortnight until submission of the final report, and not to threaten or intimidate witnesses.

Key takeaways

Additional bail conditions imposed: 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.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail — S. 482 BNSS, 2023 — Application (CRM(A) 2609 of 2025) in connection with Islampur Police Station Case No.1104 of 2024 (Ss.420/406/34 IPC): Petitioners contended the dispute was purely civil in nature and had paid part of the dues without prejudice; the de facto complainant acknowledged part payment and raised no objection to bail; the State opposed, alleging no further payment after initiation. Considering the case diary, the without-prejudice payments and the parties' submissions, anticipatory bail granted: bond of Rs.10,000/- each with two like sureties (one local) to the satisfaction of the Arresting Officer, conditions of S.482(2) BNSS corresponding to S.438(2) CrPC, 1973, plus cooperation with investigation, fortnightly reporting to the investigating officer till final report, and abstention from threatening or intimidating witnesses. — Jay Sengupta, J.

AD 12

November 19, 2025

Ct. 28

SG

CRM(A) 2609 of 2025

Allowed

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur Police Station Case No.1104 of 2024 dated 12.11.2024 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 Ms. Rituparna De Ms. Suchismita Dutta … 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 before initiation of the case some payment was made, but afterwards no further sum was paid 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.)