Page No.# 1/4 GAHC010192312025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2059/2025 BABUL HUSSAIN S/O ALAL UDDIN AND SHAHIDA HUSSAIN PROPRIETOR OF M/S BROTHERS WHOLESALE GROCERY STORE, KOZABE VILLAGE, 6TH MILE, OF CHUMOUKEDIMA, DIMAPUR. PERMANENT RESIDENT OF VILL- 94 TENGAGURI HOSPITAL ROAD, NEAR TENGAGURI HOSPITAL, P.O. TENGAGURI, KACHARIGAON P.S. LAHARIGHAT DIST. MORIGAON, ASSAM, PIN-782127 VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE PP, ASSAM 2:THE STATE OF MAHARASHTRA REPRESENTED BYH THE PP MAHARASHTRA. 3:YOGESH SOLUNKE POLICE SUB INSPECTOR NAVGHAR POLICE STATION MUMBAI MAHARASHTRA (I/O OF THE CASE) Advocate for the Petitioner : S K PODDAR, MR. C SHARMA,MS. N PODDAR,R MANDAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.08.2025 1. Heard Mr. S. K. Poddar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, Babul Hussain, who is seeking interim transit bail in connection with Navghar P.S. FIR No. 279/2025 under Sections 319(2)/ 318(4)/ 336(2)/ 336(3)/ 336(4)/ 340(2)/ 338/ 3(5) of BNS read with Section 66(c)(d) of the Information Technology Act. 3. The learned counsel for the petitioner has submitted that the petitioner is a resident of Morigaon district and he has received a notice under Section 35(3) of the BNSS from the SI of Police of Navghar Police Station, Mumbai in connection with aforementioned police station case. 4. The learned counsel for the petitioner submits that the petitioner had not received the notice through post and he has only received the notice on his WhatsApp message. He submits that the date of appearance mentioned in the said notice was 28.07.2025 which has lapsed and, therefore, the petitioner apprehends that now if he appears without any protection before the said police station, he may be arrested. 5. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation, however, he could not go to Mumbai due to some financial constraint. He is now ready to go to the said Navghar Police Station, however, as he apprehends that he may be arrested he needs interim protection during transit so that he is able to seek appropriate remedy before the jurisdictional Court. Page No.# 3/4 6. The learned counsel for the petitioner has cited a ruling of the Apex Court in the case of “Priya Indoria v. State of Karnataka” reported in “(2024) 4 SCC 749” in support of his submission that in such cases transit anticipatory bail may be granted for a limited period of time. 7. On the other hand, the learned Additional Public Prosecutor has submitted that as the police has issued notice under Section 35(3) which itself indicates that it do not intend to arrest the petitioner and, hence, there is no apprehension of the petitioner of getting arrested. 8. I have considered the submissions made by the learned counsel for both sides. 9. Though, normally it may be presumed that when the police issues notice under Section 35(3) of BNSS, 2023, the person to whom the notice has been issued is not required to be arrested. However, in this case, as the date of appearance mentioned in the notice has lapsed, the apprehension of the petitioner appears to be genuine as the police station case in which he has been asked to appear also involves non-bailable offence. 10. The cause shown by the petitioner regarding his inability to move the jurisdictional Court before approaching this Court is accepted and this Court is of the considered opinion that as per the guidelines issued by the Apex Court in the case of “Priya Indoria v. State of Karnataka” (supra), this is a fit case where transit anticipatory bail may be granted. 11. In view of the above, the petitioner is granted interim bail till 30th of September, 2025. If the petitioner is arrested in connection with the aforesaid case within this period, he shall be granted interim bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- Page No.# 4/4 (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 12. This interim transit bail shall be operative only till 30th of September, 2025 or till his appearance before the Investigating Officer of the aforesaid case whichever is earlier. 13. This anticipatory bail is accordingly disposed of. JUDGE Comparing Assistant