Jillur Rahaman Mollik Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

Jillur Rahaman Mollik Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023, appearance before the jurisdictional court on each hearing date, and no intimidation of witnesses or tampering with evidence; jurisdictional court may cancel bail on breach.

Issue for consideration

Whether the petitioner Jillur Rahaman Mollik is entitled to pre-arrest bail (anticipatory bail) in connection with Dinhata Station Case No.272 of 2024.

Court's answer

Upon considering the materials on record, the court was inclined to allow the petitioner's prayer for pre-arrest bail.

Ratio / Principle

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 the Arresting Officer, subject to the conditions under Section 438(2) CrPC corresponding to Section 482(2) BNSS 2023; the petitioner shall appear before the jurisdictional court on each date of hearing and shall not intimidate witnesses or tamper with evidence.

Key takeaways

If the petitioner fails to adhere to any of the conditions, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail (pre-arrest bail) under Section 438 CrPC / Section 482 BNSS 2023 granted to the petitioner in connection with Dinhata Station Case No.272 of 2024 (Sections 420/406/506(ii)/384/323/34 IPC) on the grounds of parity and completion of investigation. Direction: upon arrest, release on 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 of Section 438(2) CrPC corresponding to Section 482(2) BNSS 2023, including appearance before the jurisdictional court on each hearing date and abstention from intimidating witnesses or tampering with evidence. Breach of conditions entitles the jurisdictional court to cancel bail without further reference to the High Court. Application disposed of.

30.07.2026 Ct. No. 11 SL No.21 Cp

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) No. 566 of 2026

In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Dinhata Station Case No.272 of 2024, dated 7^th May, 2024, under Sections 420/406/506(ii)/384/323/34 of the IPC.

And

In the matter of: Jillur Rahaman Mollik

….Petitioner. Mr. Hillol Saha Podder …for the Petitioner. Ms. Panchali Deb Sikder (Nag) Mr. Gobinda Saha Ms. Baishali Chakrabarty … for the State.

The petitioner prays for pre-arrest bail on the ground of parity and also because the investigation is complete. It is submitted that there are no materials against the petitioner.

Learned advocate for the State opposes the prayer for grant of pre-arrest bail and submits that apart from the petitioner the other accused persons have been granted bail.

Upon considering the materials on record, this court is inclined to allow the prayer of the petitioner.

Accordingly, this court directs that, 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 the Arresting Officer and subject to the

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conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023. The petitioner shall appear before the jurisdictional court on each date of hearing as may be fixed and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In case the petitioner fails to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court.

The application for anticipatory bail, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.)