Alamgir Mondal @ Rokan Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2025)

Alamgir Mondal @ Rokan Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438 CrPC / Section 482 BNSS conditions and further conditions (cooperation with investigation, no threatening/intimidation of witnesses or tampering with evidence, and fortnightly meetings with the Investigating Officer till submission of the final report).

Issue for consideration

Whether the petitioner, in connection with Gobardanga PS Case No.176/2025 under Sections 420/406 IPC, is entitled to anticipatory bail under Section 438 CrPC / Section 482 BNSS, and whether custodial interrogation of the petitioner is required.

Court's answer

Considering the case diary materials and the fact that the petitioner complied with the notice issued by the Investigating Officer, custodial interrogation of the petitioner is not required and the court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on 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, subject to the conditions under Section 438 CrPC corresponding to Section 482 BNSS, and further conditions that the petitioner cooperate with the investigation, not threaten or intimidate witnesses or tamper with evidence, and meet the Investigating Officer once a fortnight till submission of the report in final form.

Detailed headnote1 paragraphs

Anticipatory bail — S.438 CrPC / S.482 BNSS — application in connection with Gobardanga PS Case No.176/2025 dated 18.06.2025 under Sections 420/406 IPC — petitioner alleged false implication and about 39 days' delay in lodging the FIR; State conceded compliance with the notice issued — held, custodial interrogation not required; anticipatory bail granted in the event of arrest on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to statutory conditions and further conditions to cooperate with the investigation, not threaten or intimidate witnesses, not tamper with evidence, and meet the Investigating Officer once a fortnight till submission of the final report. Application disposed of. (Jay Sengupta, J.; order dated 17.11.2025)

17.11.2025 Sl. No.14 NB

CRM (A) 3214 of 2025

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gobardanga PS Case No.176/2025 dated 18.06.2025 under Sections 420/406 of the Indian Penal Code.

And

In the matter of: Alamgir Mondal @ Rokan … petitioner

Mr. Dinobandhu Das, Mr. Prithwiraj Biswas, Mr. Uttam Banerjee. …for the petitioner.

Mr. Rudradipta Nandy, Ms. Rajnandini Das. …for the State.

Scanned copy of a notice filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. The de facto complainant has alleged cash transaction. There is a delay of about 39 days in lodging the FIR. The petitioner has duly complied with the notice issued.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, she submits that the petitioner has complied with the notice issued.

Considering the above and the other materials available in the case diary and the fact that the petitioner has complied with the notice issued by the Investigating Officer, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

2

Accordingly, in the event of arrest, the petitioner 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)