Page No.# 1/3 GAHC010151612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1673/2025 MISBAUL ALOM CHOUDHURY ALIAS MISABUL ALOM CHOUDHURY S/O NAZRUL ISLAM CHOUDHURY VILL TULARGRAM PART II, PO M C D COLLEGE, SONAI PS SONAI, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. A. M. S. Mazumder, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Misbaul Alom Choudhury @ Misabul Alom Choudhary, who is apprehending his Page No.# 2/3 arrest in connection Cyber Fraud Case e-FIR No. 80008017/2025 under Sections 303(2)/314/317(5)/318(4)/61(2) BNS & 103 DP Act registered at Police Station-Roop agar, Delhi on 04.05.2025. 3. Learned counsel for the petitioner has submitted that the said notice was received by the family members of the petitioner on 02.05.2025, however, he was handed over the said notice only on 08.05.2025 and thus, he could not appeared on the date mentioned in the notice i.e. 04.05.2025 and therefore, he is apprehending that if he now appears before the Investigating Officer of the aforesaid case he may be arrested in connection with the said case. 4. Learned counsel for the petitioner has submitted that the petitioner is a permanent resident of Cachar District in the State of Assam whereas he had received notice in respect of 35(3) of BNS Act is pending in a police station at New Delhi. He submits that he would appear before the jurisdictional court and seek necessary protection from the said court. However, in order to enable him to appear before the jurisdictional court, needs some interim protection as apprehension of arrest is there. 5. In support of his submission, learned counsel for the petitioner has relied on a Ruling of the Apex Court in the case of Priya Indoria vs State of Karnataka reported in (2024) 4 SCC 749. It appears that the notice received by the petitioner under section 35(3) of BNS pertains to police station situated in Delhi and as the petitioner is willing to appear before the Investigating Officer and is also required to seek protection from the courts having jurisdiction over the said police station, this Court is inclined to grant Transit Anticipatory Bail to the petitioner. Page No.# 3/3 6. Accordingly, the above named petitioner is directed to appear before the Investigating Officer of Cyber Fraud Case e-FIR No. 80008017/2025 within a period of 3(three) weeks from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, he shall be allowed to go on transit bail of Rs.30,000/- with suitable surety of like amount to the satisfaction of the arresting authority with the following conditions that:- (i) the petitioner shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 7. This transit bail shall be operative only till 19.08.2025 enabling the petitioner to approach the competent jurisdictional court for seeking further relief in the said case. 8. With the above observation, this anticipatory bail stands disposed of. JUDGE Comparing Assistant