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2025 DAILYLAW 19776 (GAU)

MINHAJUL ALAM v. THE STATE OF ASSAM

AB/2368/2025 · 2025-09-25

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010217762025 2025:GAU-AS:13491 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2368/2025 MINHAJUL ALAM S/O MATIUR RAHMAN VILL- BAGHPARI (BAGHPARI CHAPORI), P.O. MANGALDOI, P.S. MANGALDOI, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.09.2025 Heard Mr. A. M. S. Mazumdar, learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS, 2023 the petitioner, viz., Minhajul Alam has prayed for pre-arrest bail in connection with Page No.# 2/3 Bidhannagar Cyber Crime Police Station Case No.67/2025 (in the State of West Bengal) registered under various provisions of law The learned counsel for the petitioner submits that the petitioner could not receive the notice in time i.e. notice under Section 35(3) of the BNSS and he could not appear on the day mentioned in the said notice i.e. on 15.09.2025 and that 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. Further, the learned counsel submits that the petitioner is a permanent resident of Darrang District in the State of Assam whereas he has received the notice under Section 35(3) of the BNSS in connection with a case pending in the Police Station in the State of West Bengal. The learned counsel submits that the petitioner would appear before the jurisdictional court and seeks necessary protection from the said court. However, in order to enable him to appear before the jurisdictional court he needs some interim protection as the petitioner apprehends arrest. Accordingly, the petitioner is directed to appear before the Investigating Officer of Bidhannagar Cyber Crime Police Station Case No.67/2025 (in the State of West Bengal) within a period of three weeks from the date of this order and to cooperate with the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on Transit Bail on furnishing a bond of Rs.30,000/- with suitable surety of the like amount to the satisfaction of the arresting authority under the following conditions:- Page No.# 3/3 (1) That the petitioners shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. The Transit Bail shall remain operative till 22.10.2025 enabling the petitioner to approach the competent jurisdictional Court seeking further relief in the said case. With the above observations the Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant