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2026 DAILYLAW 3720 (GAU)

SRI AMARDEEP BOSE v. THE STATE OF ASSAM

AB/274/2026 · 2026-02-09

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010024112026 2026:GAU-AS:1812 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/274/2026 SRI AMARDEEP BOSE SON OF SRI RABI BOSE PERMANENT RESIDENT OF 58-A, SANI MANDIR LANE, NEAR BHARAT SEVA ASHRAM, BHASKAR NAGAR, P.O. BINOVANAGAR, P.S. AMBARI FATASIL, DIST. KAMRUP (M0, ASSAM, PRESENTLY RESIDING AT 30-A, PRAGATI PATH, BY LANE NO. 1, LAL GANESH, P.O. ODALBAKRA, P.S. DISPUR, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K GUPTA, MR. R S MISHRA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 10.02.2026. Heard Mr. A.K. Gupta, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam appearing on behalf of the State respondent. Page No.# 2/4 This is an application under Section 482 of BNSS, 2023 praying for grant of transit pre-arrest bail to the accused/petitioner, namely, Sri Amardeep Bose, who is apprehending arrest in connection with the Cyber Crime Police Station, Gurugram P.S. Case No.181/2025, registered under Section 318(4) of the BNS, 2023. It is submitted by Mr. Gupta, learned counsel for the petitioner that he is no way involved in the alleged offence and on 15.12.2025, some of the officials of the Cyber Crime Police Station, Gurugram accompanied by some local police personnel visited his residence with the intent to arrest him in connection with the Cyber Crime Police Station, Gurugram P.S. Case No.181/2025 and as he was absent during that time, it was asked to his wife to surrender the present petitioner in the said case and also stated that four other cases have also been registered against him. Coming to know about the same, the petitioner somehow obtained the copies of the FIR lodged before the Cyber Crime Police Station, Gurugram as stated above. After enquiry of the matter, it has come to his knowledge that there were some bank transactions done by the informant and out of these, only one transaction has been made on 02.05.2025 in the Bank Account of Shovam Supply Services, ICICI Bank, Paltanbazar but the present petitioner does not have the said account number in his name and he also annexed his account number and from his account number it is also seen that there was no such transaction, as stated in the FIR. However, as the police personnel from the Cyber Crime Police Station, Gurugram along with police personnel from local police station are in search of the present petitioner, he is apprehending his arrest in connection with the said case and hence, the present petition is filed Page No.# 3/4 seeking transit pre-arrest bail, till his appearance before the jurisdictional Court for his regular bail. Mr. Borthakur, the learned Additional Public Prosecutor, Assam submitted in this regard that large numbers of cyber offences are going on in all over the State of Assam. He further submitted that as per the petitioner, if any amount of money was demanded by the police officer, he could have approach the police station with an FIR against the said officer who demanded money. Further, he submitted that if the petitioner is not at all involved and if there was no transaction in his bank account, there cannot be any apprehension of arrest in connection with the said case. Accordingly, he raised objection and submitted that this may not be a fit case to extend the privilege of transit pre-arrest bail to the accused/petitioner at this stage. Considered the submissions of the learned counsel for both the sides and also the judgment of the Hon’ble Supreme Court in the case of Priya Indoria Vs. State of Karnataka and Ors. reported in (2024) 4 SCC 749, wherein the Court observed in para 96 that – “if a person commits an offence in one State and the FIR is lodged within the jurisdiction where the offence was committed but the accused resides in another State he can approach the Court in the other State and seek transit anticipatory bail of limited duration”. In view of the above, the present petitioner is granted transit interim anticipatory bail for three (3) weeks from the date of the order with a direction to appear before the Cyber Crime Police Station, Gurugram, as directed. The protection of this transit interim anticipatory bail shall remain in force for the next three (3) weeks, enabling the petitioner to approach the competent Court for seeking appropriate relief/bail and also to appear before the Cyber Crime Page No.# 4/4 Police Station, Gurugram. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Sri Amardeep Bose, in connection with Cyber Crime Police Station, Gurugram P.S. Case No.181/2025, registered under Section 318(4) of the BNS, 2023, he shall be enlarged on transit interim anticipatory bail on his executing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioner shall appear before the Investigating Officer of Cyber Crime Police Station, Gurugram within 3 (three) weeks; (ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioner 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 him/her from disclosing such facts to the Court or to any police officer. With the above observation and direction, this transit pre-arrest bail application stands disposed of. JUDGE Comparing Assistant