Page No.# 1/3 GAHC010090712026 2026:GAU-AS:6621 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/967/2026 MUKTAR ALI S/O GAFUR ALI, R/O VILL UJANKURI, PO UJANKURI, PS HAJO, DIST KAMRUP, ASSAM, PIN 781102 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M KHAN, MR. A MOBARAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 13-05-2026 Heard learned counsel Mr. A.M. Khan for the petitioner Muktar Ali, who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail to enable him to appear before the arresting authority in Kamaripeth Police Station Case vide Crime No. 65/2025, registered under Sections 66(D) of IT Act 2008 & 318 (4) of BNS, 2023. Page No.# 2/3 2. Heard learned Additional Public Prosecutor Ms. S.H. Bora for the respondent State. 3. It is submitted that a notice under Section 35(3) of BNSS was received by the petitioner and apprehending arrest, the petitioner has filed this application. The petitioner is willing to cooperate with the investigation procedure before the concerned Investigating Officer. 4. The petitioner has relied on the decision of the Hon’ble Supreme Court in Priya Indoria vs. State of Karnataka & Ors., reported in (2024) 4 SCC 749, wherein it has been held that :- “94. It would be impossible to fully account for all exigent circumstances in which an order of extra territorial anticipatory bail may be imminently essential to safeguard the fundamental rights of the applicant. We reiterate that such power to grant extra- territorial anticipatory bail should be exercised in exceptional and compelling circumstances only which means where, denying transit anticipatory bail or interim protection to enable the applicant to make an application under Section 438 of CrPC before a Court of competent jurisdiction would cause irremediable and irreversible prejudice to the applicant. The Court, while considering such an application for extra- territorial anticipatory bail, in case it deems fit may grant interim protection instead for a fixed period and direct the applicant to make an application before a Court of competent jurisdiction.” 5. I have also considered the submissions at the bar. I have considered the submission that the petitioner is willing to cooperate with the investigation. He is also willing to abide by any stringent bail conditions which may be imposed upon him. 6. Considering all aspects, the petitioner is granted transit pre-arrest bail to Page No.# 3/3 appear before the concerned Investigating Officer, within 20 (Twenty) days, on or before 02.06.2026. 7. In the event of his arrest, the petitioner shall be enlarged on bail upto 02.06.2026, on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of like amount to satisfaction of the arresting authority. 8. The petitioner is at liberty to approach the jurisdictional Court for anticipatory bail in the regular manner. 9. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant