Page No.# 1/3 GAHC010076422025 2025:GAU-AS:4498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/834/2025 MS DANIYA AHMED ALIAS DANIYA KHAN AND ANR D/O RAMIJUDDIN AHMED R/O KAMAR PATTI WARD PO AND PS AND DIST DIBRUGARH ASSAM 2: NAZIA HUSSIAN D/O NAZIR HUSSAIN WARD NO 10 PANCHALI LOHARPATTY ROAD NEAR PANCHALI YUVAK SANGHA PO PS AND DIST DIBRUGARH ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASSAM 2:THE STATE OF MAHARASHTRA REP BY THE PP MAHARASHTR Advocate for the Petitioner : MR K J SAIKIA, MR. A K GUPTA,MR. R S MISHRA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 1. Heard Mr. A.K. Gupta, learned counsel for the petitioners. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, Ms. Daniya Ahmed @ Daniya Khan and Ms. Nazia Hussain, who are apprehending their arrest in connection with Agripada P.S. Case No. 500/2024 under Section 3(5)/316(2)/318(4)/319(2) of the BNS, 2023 read with Section 66(C)/66 (D) of the Information Technology Act, 2000. 3. The Agripada Police Station is situated at Mumbai in the State of Maharashtra. The petitioners herein have prayed for transit anticipatory bail to enable them to approach the Jurisdictional Court to pray for regular anticipatory bail. 4. The gist of accusation in this case is that on 04.10.2024, one Mohammad Sarwar Ahmed Siddiqui, had lodged an FIR before the Officer-In- Charge of Agripada Police Station, inter alia, alleging that he came to contact with the present petitioner No. 1 through a dating application. She introduced the informant to the petitioner No. 2, who proposed that she would by marrying with the informant and on this understanding, the informant had transferred a total amount of Rs. 1,65,000/- on different dates. However, it is alleged in the FIR that as the informant is a blind person, the petitioners took advantage of that and made false promise to him and he was forced to transfer the amount of money(Rs. 1,65,000/-) and thereby, cheated him. 5. The learned counsel for the petitioners has submitted that the petitioners are innocent and not involved in the offence as alleged in the FIR. He has also submitted that as the FIR has been registered under non-bailable sections, they have an apprehension of getting arrested in this case. He has further submitted that as the FIR has been lodged in a police station, which is situated at Mumbai, the Jurisdictional Court to grant anticipatory bail, would be a Court at Mumbai. However, before approach the said Court, some time may Page No.# 3/3 be required and therefore, he has prayed for grant of transit anticipatory bail for 3(three)weeks, so that the Jurisdictional Court by filing an appropriate application seeking anticipatory bail in connection with the instant case. 6. After considering the submissions made by the learned counsel for the petitioners and after going through the materials on record, this Court is inclined to grant transit anticipatory bail to both the petitioners for a period of 4(four) weeks. The time to approach the appropriate Jurisdictional Court for filing anticipatory bail made before the said Court is granted till 14th May, 2025. 7. If the petitioners are arrested before the said date in connection with the Agripada P.S. Case No. 500/2024, they shall be allowed to go on interim bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- i. That the petitioners shall cooperate in the investigation and shall appear before the Investigating Officer; and ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer. 8. With the above observations, this anticipatory bail application is herby disposed of. JUDGE Comparing Assistant