Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010202712025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2198/2025 CHAND KUMAR MISHRA S/O PRAMOD KUMAR MISHRA R/O HOUSE NO. 9, BHOOTNATH, P.O BHARALUMUKH, DIST-KAMRUP (M) VERSUS THE UNION OF INDIA AND ANR REPRESENTED BY THE DEPUTY SOLICITOR GENERAL OF INDIA.
2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MD A ALI, MR. M HOQUE Advocate for the Respondent : DY.S.G.I., PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 09.09.2025
1. Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Chand Kumar Mishra, who is seeking a transit anticipatory bail in connection with CR No. 37/2025 under Sections 318(4)/319(2) of BNS read with
Page No.# 2/3 Section 66(D) of the IT Act pending for investigation in the Crime Branch Police Station, Vijayawada in the state of Andhra Pradesh. 3. The learned counsel for the petitioner has submitted that the petitioner is a permanent resident of Bharalumukh in the district of Kamrup(M). However, he has received a notice under Section 35(3) of BNSS directing him to appear before the Cyber Crime Police Station, Vijayawada, Andhra Pradesh in connection with CR No. 37/2025. 4. The learned counsel for the petitioner has submitted that though the date of his appearance as mentioned in the notice has been shown as 23.07.2025, however, he received the notice after the said date and therefore, he is apprehensive that if he appears now he may be arrested. 5. The learned counsel for the petitioner has further submitted that as the aforementioned case is pending in the State of Andhra Pradesh, the petitioner requires some time to approach the jurisdictional Court to seek relief in this case and therefore, he prays for transit anticipatory bail. 6. On consideration of the averments made in the bail application, it appears that this is a fit case where transit anticipatory bail may be granted to the petitioner in terms of the guidelines laid down by the Apex Court in the case of “Priya Indoria Vs. State of Karnataka” reported in “(2024) 4 SCC 749". 7. In view of the above, the petitioner is directed to appear before the Investigating Office of the aforesaid case in Cyber Crime Police Station, Vijayawada City, Andhra Pradesh within twenty days from the date of this order.
If during this period, he is arrested in connection with the aforesaid case, 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.# 3/3 (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;
8. It is hereby made clear that the relief granted in this case is interim in nature and it shall remain effective only till 10th of October, 2025.
9. With the above observation, this anticipatory bail application is disposed of.
JUDGE Comparing Assistant