Page No.# 1/4 GAHC010141622025 2025:GAU-AS:9500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1475/2025 NUR JAMAL HOQUE SON OF ABDUL SATTAR ALI, VILLAGE- 1 NO DAKSHIN RANGA PANI, P.O. BADLA BAZAR, P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MR. N ISLAM,R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 24-07-2025 Heard Mr. M. I. Hussain, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondents. This is an application under Section 482 BNSS, 2023 praying for granting transit anticipatory bail to the accused/petitioner, who is apprehending arrest in connection with Bidhannagar Cyber Crime P.S. Case No. 83/2024, under Sections 419/420/406/120B IPC. It is submitted by Mr. Hussain, learned counsel that the present accused petitioner is innocent and he is no way connected in any such offence. However, he received a Notice from Bidhannagar Police Station under Section 41A CrPC directing him to appear before IO on 28.07.2025 at 11:30 AM for interrogation. He further submitted that he did not commit any such offence relating to cyber crime but some days ago one person, namely, Hasmat Ali took all his vital documents, like Voter I/D Card, Pan Card, Aadhar Card etc., with assurance to provide a job in a company at Satabari, Bamunigaon, Boko of Kamrup District. But, the person may somehow have misused his those documents and he may be called in his place. However, the present petitioner is ready and willing to cooperate with the IO appearing before the Bidhannagar Cyber Crime Police Station and to extend his cooperation in the investigation of said case, if he is granted with some interim protection in the form of transit anticipatory bail, till his appearance before the jurisdictional Court for his regular bail. In that context, Mr. Hussain, learned counsel relied on a decision of the Hon’ble Supreme Court in the case of Priya Indoria Vs. State of Karnataka and Ors. reported in Page No.# 3/4 (2024) 4 SCC 749, wherein the Court observed in para 96 that – “if a person commits an offence in one State and the FIR is lodged within the jurisdiction where the offence was committed but the accused resides in another State he can approach the Court in the other State and seek transit anticipatory bail of limited duration”. Mr. Borthakur, learned Additional Public Prosecutor submitted in this regard that the offence relates to cyber crime and hence the petitioner may be directed to appear before the jurisdictional Court seeking anticipatory bail/regular bail to that extent and accordingly, he raised objection in allowing the petitioner the privilege of transit anticipatory bail. Considering the submissions of the learned counsel for both the sides and also considering the judgment of the Hon’ble Supreme Court in the case of Priya Indoria (supra) and other aspects of the matter, the present petitioner is accordingly, granted transit interim anticipatory bail till 15 (fifteen) days from the date of the order with a direction to appear before the Bidhannagar Cyber Crime Police Station, as directed. The protection of this transit interim anticipatory bail shall remain in force till 11.08.2025, enabling the petitioner to approach the competent Court for seeking appropriate relief/bail and also to appear before the Bidhannagar Cyber Crime Police Station. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Nur Jamal Hoque, in connection with Bidhannagar Cyber Crime P.S. Case No. 83/2024, under Sections 419/420/406/120B IPC, he shall be enlarged on transit interim anticipatory bail on his executing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of Bidhannagar Cyber Crime Police Station within 15 (fifteen) days; Page No.# 4/4 (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant