Neutral Citation No. - 2025:AHC:9702 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11370 of 2024 Applicant :- Dr Ambedkar Mahila Vikas Mandal Opposite Party :- Union Of India And 3 Others Counsel for Applicant :- Birendra Kumar Gautam Counsel for Opposite Party :- A.S.G.I.,Kameshwar Singh Hon'ble Deepak Verma,J. 1. Heard Sri Birendra Kumar Gautam, learned counsel for the applicant, learned counsel appearing for Union of India, learned A.G.A. for the State and perused the record. 2. The instant transit anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0173 of 2024, under Section 66(E) of IT Act, Section 3(5), 318(4), 319(2) of BNS, Police Station- Bibvewadi, District-Pune Shahar, Maharashtra. 3. Applicant's counsel filed this transit anticipatory bail application on behalf of the applicant and has submitted that applicant is resident of District Prayagraj but FIR has been registered in District Maharashtra, Pune Shahar, Bibvewadi Police Station under the aforesaid case crime and sections. After that, I.O. has issued notice U/s 35(3) of BNSS at the applicant's address on 10.09.2024 directing therein that the applicant surrender before competent Judicial Magistrate or to appear before I.O. whenever required. Applicant has been falsely implicated in the present due to ulterior motive. On perusal of FIR, no offence under the alleged sections is made out. He further submitted that applicant is ready to appear before the court concerned in compliance of notice issued to the applicant U/s 35(3) BNSS by Senior Police Inspector, Bibwewadi Police Station, Pune City, Maharashtra. 4. Learned A.G.A. submitted that applicant belongs to District Prayagraj and FIR has been lodged in Bibvewadi Police Station, Maharashtra, as such, applicant should appear before Pune Court, Maharashtra and apply for bail. 5. Having heard learned counsel for the applicant, learned AGA and perused the documents which emerges that applicant involved in offence under Section 66(E) of IT Act, Section 3(5), 318(4), 319(2) of BNS, Police Station- Bibvewadi, District- Pune Shahar, Maharashtra. Applicant is willing to participate in case proceedings pending before court concerned, District Pune Shahar, Maharashtra, however, it is necessary to acknowledge that the applicant denies the allegation and willing to co- operate with investigation and applicant is willing to appear before the court concerned in District Pune, demonstrating his legal process and swear for his presence during further proceedings. 6. The Hon'ble Apex Court in the case of Priya Indoria Vs. The State of Karnataka and others, 2023 SCC Online 1246, the relevant para 45 is reiterated hereinbelow:- "45. At the same time, we are also mindful of the fact that the accused cannot seek full-fledged anticipatory bail in a State where he is a resident when the FIR has been registered in a different State. However, in view of what we have discussed above, he would be entitled to seek a transit anticipatory bail from the Court of Session or High Court in the State where he is a resident which necessarily has to be of a limited duration so as to seek regular anticipatory bail from the Court of competent jurisdiction. The need for such a provision is to secure the liberty of the individual concerned. Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of the Constitution of India and since we have extended the concept of access to justice to such a situation and bearing in mind Article 14 thereof it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail. Otherwise, in a deserving case, there is likelihood of denial of personal liberty as well as access to justice for, by the time the person concerned approaches the Court of competent jurisdiction to seek anticipatory bail, it may well be too late as he may be arrested. Needless to say, the Court granting transit anticipatory bail would obviously examine the degree and seriousness of the apprehension expressed by the person who seeks transit anticipatory bail; while the object underlying exercise of such jurisdiction is to thwart arbitrary police action and to protect personal liberty besides providing immediate access to justice though within a limited conspectus." 7. Upon considering all the facts and circumstances of the case, on perusal of relevant documents there is compelling circumstances for grant of transit anticipatory bail, the prayer of the applicant is accordingly, allowed with direction that applicant appear/surrender before the court concerned and apply for legal remedy as provided under law within five weeks. 8. In the event, applicant's arrest, the arresting officer shall release him on bail after furnishing a bail bond of Rs.1 lac with one surety to the like amount to the satisfaction of the arresting officer. It is made clear that liberty be granted herein shall expire after five weeks. 9. Instant transit anticipatory bail application is being granted to facilitate the petitioner to appear before the court concerned in connection with FIR bearing No.0173 of 2024 registered at Police Station Bibvewadi, District Pune Shahar, Maharashtra. 10. Applicant is directed to co-operate fully with investigation and to appear before the court concerned within stipulated period of five weeks from today and apply for bail. 11. For the period of five weeks from today or till the time of surrender/appearance of the applicant before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant. 12. In the event, applicant failure to comply this order, may result in cancellation of transit anticipatory bail application. 13. With the aforesaid directions, this transit anticipatory bail application stands disposed of. Order Date :- 21.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad