Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1031/2026 SANIDUL HOQUE SON OF HANIF ALI R/O VILL- CHOUDHURY PAM P.O. MAHTOLI, P.S. BOKO DIST.KAMRUP, ASSAM, PIN-781136 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MD A RAHMAN, MS. A KHATUN,MR. M RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER 20.05.2026
1. Heard learned counsel Mr. A. Rahman for the petitioner Sanidul Hoque who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for transit anticipatory bail to enable him to appear before the concerned Investigating Officer and co-operate with the investigation
Page No.# 2/3 in connection with Shahdara Cyber Police Station and registered as Shahdara Cyber Case No. 25/2025 under Sections 318(4)/319(2)/61(2) of the BNS, 2023.
2. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the respondent State who has submitted that the petitioner had received notice directing him to appear before the Investigating officer on 10.11.2025, but the petitioner has failed to appear and at this belated stage, he is praying for transit bail.
3. It is submitted by the learned counsel for the petitioner that the petitioner was not aware of the notice under Section 35 of the BNSS as her brother had received the notice and he did not inform her about the notice.
4. I have considered the submission at the Bar with circumspection.
5. This case is relating to cheating for wrongful gain of an amount of Rs. 17,76,000/-. An FIR was lodged against the petitioner on 18.03.2025 by the complainant, Heena Ralhan who resides in Delhi. This case is booked under Sections 318(4)/319(2)/61(2) of the BNS in Shahdara Cyber Police Station and registered as Shahdara Cyber Case No. 25/2025.
6. I have considered the submission that the petitioner is willing to cooperate with the investigation. The petitioner is granted 20 (twenty) days time from today to appear before the concerned Investigating Officer and co-operate with the investigation.
7. Considering the entire aspect of the matter, it is directed that in the event of the arrest of the petitioner in connection with the aforesaid case, he shall be released on transit bail on executing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the arresting authority upto
10.06.2026.
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8. It is made clear that the present interim protection in the form of transit bail has been granted to the petitioner only in order to enable him to approach the Court of competent jurisdiction for anticipatory bail on merits.
9. In terms of the above observation, this anticipatory bail application stands
disposed of.
JUDGE Comparing Assistant