Page No.# 1/4 GAHC010114532026 2026:GAU-AS:8204 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1230/2026 SELIMOL HOQUE S/O SHOHIDUL ISLAM, R/O VILL LACHANGA, PO KALGACHIA, PS KALGACHIA, DIST BARPETA, ASSAM, PIN 781319 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:THE STATE OF GUJARAT REPRESENTED BY THE STANDING COUNSEL/ PP FOR STATE OF GUJARAT PIN 380060 3:THE STATION HOUSE OFFICER /INVESTIGATING OFFICER CITY C DIVISION POLICE STATION JAMNAGAR GUJARAT 36100 Advocate for the Petitioner : R AMIN, S K RAHMATULLAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 10-06-20 26 Heard Mr. R. Amin, learned counsel for the petitioner and Ms. S. H. Borah, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for granting transit anticipatory bail to the accused/petitioner, namely, Selimol Hoque who is apprehending arrest in connection with City C Division, Jamnagar Police Station, Gujarat Case No. 11202002260406 dated 04.03.2026 registered under Sections 317(2)/318(4)/319(2) of BNS, 2023 and 66(C)/66(D) of IT Act, 2000. 3. It is submitted by Mr. Amin, learned counsel that the present accused petitioner is innocent and he is no way connected in any such offence. However, he received a Notice from City C Division, Jamnagar Police Station, Gujarat under Section 35(3) BNSS directing him to appear before the I.O. within a period of 30 days from the date of receipt of the notice. 4. As such, Mr. Amin, learned counsel submits that he has apprehension that if he appears before the City C Division, Jamnagar Police Station, Gujarat, he may be arrested and accordingly, this pre-arrest bail application has been filed seeking transit pre-arrest bail till he appears before the City C Division, Jamnagar Police Station, Gujarat or seeks any pre-arrest bail/regular bail from the jurisdictional Court. 5. However, the present petitioner is ready and willing to cooperate with the I.O. by appearing before the City C Division, Jamnagar Police Station, Gujarat and to extend his cooperation in the investigation of said case, if he is granted with some interim protection in the form of transit anticipatory bail, till his appearance before the jurisdictional Court for his regular bail. 6. Ms. Borah, learned Additional Public Prosecutor submitted in this regard that the offence relates to cyber crime and hence the petitioner may be directed to appear before the jurisdictional Court seeking anticipatory bail/regular bail to that extent and accordingly, she Page No.# 3/4 raised objection in allowing the petitioner the privilege of transit anticipatory bail. 7. The Hon’ble Supreme Court in the case of Priya Indoria Vs. State of Karnataka and Ors. reported in (2024) 4 SCC 749, 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”. 8. Considering the submissions of the learned counsel for both the sides and also considering the judgment of the Hon’ble Supreme Court in the case of Priya Indoria (supra) and other aspects of the matter, the present petitioner is accordingly, granted transit interim anticipatory bail till 15 (fifteen) days from the date of the order with a direction to appear before the City C Division, Jamnagar Police Station, Gujarat, as directed. 9. The protection of this transit interim anticipatory bail shall remain in force till 25.06.2026, enabling the petitioner to approach the competent Court for seeking appropriate relief/bail and also to appear before the City C Division, Jamnagar Police Station, Gujarat. 10. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Selimol Hoque, in connection with City C Division, Jamnagar Police Station, Gujarat Case No. 11202002260406 dated 04.03.2026 registered under Sections 317(2)/318(4)/319(2) of BNS, 2023 and 66(C)/66(D) of IT Act, 2000, 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 City C Division, Jamnagar Police Station, Gujarat within 15 (fifteen) days; (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. Page No.# 4/4 11. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant