Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010145052025
2025:GAU-AS:8889
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1551/2025 ABBAS ALI AND ANR S/O- KUBED ALI .
R/O- VILLAGE- GARIAGAON, P.S -BHURAGAON, DISTRICT- MORIGAON ,ASSAM 2: IJAJUL ISLAM S/O- ABBAS ALI .
R/O- VILLAGE- GARIAGAON P.S -BHURAGAON DISTRICT- MORIGAON ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PP, ASSAM 2:THE STATE OF PUDUCHERRY REPRESENTED BY THE PUBLIC PROSECUTOR PUDUCHERRY.
3:S. DIAGARADJANE INSPECTOR OF POLICE CYBER CRIME POLICE STATION PUDUCHERRY ( I/O OF THE CASE Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER 10.07.2025
Heard Mr. S. K. Poddar, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State.
2. By filing this application under Section 482 of the BNSS, the petitioners have prayed for interim Transit Bail/ Extra Territorial pre-arrest bail in connection with Cyber Crime P.S. (Puducherry) FIR No. 22/2025, under section 318 (4) of BNS, read with Section 66 and 43 of Information Technology Act, 2000.
3. On receipt of notice under Section 35(3) of BNSS, issued by the Inspector of Police, Cyber Crime Police Station, Puducherry for which the petitioners are
directed to appear before the said police station on 15.06.2025, the petitioners namely, (i) Abbas Ali, and (ii) Ijajul Islam are praying for interim transit bail under section 482 of BNSS in order to appear before the Investigating Officer. 4. The prayer for bail is opposed by the learned APP, on the ground that it appears from the nature of complaint made that the petitioners are involved in the offence of cheating under the Information Technology Act, 2000 for which the Cyber Crime Police Station, Puducherry has taken up the investigation. 5. The learned counsel for the petitioners has produced a downloaded copy of the FIR which projects that the informant in the case is a victim of an online trading scam on the basis of the said FIR Crime No. 22/2025 under section 318 (4) of the BNS read with section 66 and 43 of the Information Technology Act, 2000 has been registered and investigation was taken up. Page No.# 3/4
6. Be that as it may, as the petitioners have expressed that they are ready and willing to appear before the Inspector of Police, Cyber Crime Police Station, Puducherry pursuant to the summons received by them, the Court is inclined to grant Extra Territorial pre-arrest bail to the petitioners, namely, (i) Abbas Ali and (ii) Ijajul Islam by providing that for a period of 30 (thirty) days from the date of this order, the petitioners shall appear before the Inspector of Police/I.O. of Cyber Crime Police Station in connection with FIR No. 22/2025 under Section 318 (4) of BNS, read with Section 66 and 43 of the Information Technology Act,
2000. 7. The bail is granted in the following conditions:- a) That the petitioners shall make themselves available to the police or any other investigating agency or the Court in the present case as and when required. b) That the petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. c) That the petitioners shall not obstruct the smooth progress of the investigation/trial. d) That the petitioners shall not misuse their liberty in any manner.
e) That the petitioners shall not jump over the bail. f) That the petitioners shall appear before the I/O within 7 (seven) days from the date of this order. 8. It is made clear that the petitioners shall inform the Inspector of Police,
Page No.# 4/4 Cyber Crime Police Station, Puducherry of the date on which they propose to appear before the said Police Station, which shall be sent by email along with a scanned copy of the certified copy of this order. 9. Accordingly, it is also made clear that in the interim Extra Territorial pre- arrest bail shall lose its efficacy on the expiry of 30 (thirty) days from the date of this order and/or appearance of the petitioners before the Investigating Officer. 10. Let the downloaded copy of the FIR, produced by the learned counsel be made part of the record. 11. This application stands disposed of. JUDGE Comparing Assistant