17.08.2026 Serial no. 75 Court no.551 (MKP) CRM (A) 2473 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Haripal PS Case No. 612 of 2025 dated 15.09.2025 u/s 318(4)/316(2) of the BNS 2023. -And- In the matter of : Firoj Mallick … Petitioner Mr. Niladri Sekhar Ghosh, Mr. Souvik Dey. … for the petitioner Mr. Arindam Dey, Mr. Avishek Bhandari. … for the State-respondent(s) 1. Learned advocate for the petitioner submits that the petitioner entered into an agreement with the defacto complainant for supply of certain building materials. There was payment of some amount under such agreement. 2. Learned advocate for the petitioner submits that the petitioner has been falsely implicated in the instant 2 case, in order to extract money from him. He submits that he has already supplied the materials in terms of the agreement, against the payment made by the defacto complainant and he prays for anticipatory bail. 3. Learned advocate for the State refers to the various materials in the case diary, including the agreement for supply of the building materials. He also refers to other materials showing payment of consideration money by the defacto complainant to the present petitioner. Learned advocate for the State opposes the prayer for the anticipatory bail. 4. Heard the learned advocate for the parties as well as on perusal of the materials in the case diary, it appears that there was an agreement between the defacto complainant and the present petitioner for supply of building materials. 5. On one hand, it is the claim of the present petitioner that he had already supplied the building materials for the value he received from the defacto complainant, whereas the instant case has been filed by the defacto complainant that the petitioner did not supplied such materials and also refused to refund the advance payment. 6. Be that as it may, it transpires from the materials in the case diary that the payment of money was made 3 by the defacto complainant in favour of the petitioner under an agreement, whether the materials have been supplied or not is to be considered at the time of trail of the case, on the basis of evidence to be adduced by the prosecution. 7. In such circumstances prayer of anticipatory bail of the petitioners is allowed. 8. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on further condition that petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 4 9. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 10. CRM (A) 2473 of 2026 is disposed of. (Md.Shabbar Rashidi. J)