Gauhati High Court
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GAHC010154752025
2025:GAU-AS:10059
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1840/2025
ABU TALEB AHMED
SON OF MD. MAHAR ALI
R/O KHOLABANDA, WARD NO. 6, P.S. KACHUMARA
DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PP, ASSAM
2:THE UNION OF INDIA
REPRESENTED BY THE DEPUTY SOLICITOR GENERAL OF INDIA
Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MRS. JUSTICE MITALI THAKURIA
ORDER
04-08-2025
Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr. B.
Sarma, learned Additional Public Prosecutor, for the State respondent.
This is an application under Section 482 BNSS, 2023 praying for granting transit
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anticipatory bail to the accused/petitioner, who is apprehending arrest in connection
with Cyber South East New Delhi P.S. Case No. 27/2024, under Sections 420/120B
IPC.
It is submitted by Mr. Paramanik, 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 Cyber South East New Delhi Police Station under Section 41A
CrPC directing him to appear before the IO on 11.06.2024 at 11:00 AM for
interrogation.
As such, the Mr. Paramanik, learned counsel submits that he has apprehension
that if he appears before the Cyber South East New Delhi Police Station, he may be
arrested and accordingly, this pre-arrest bail application has been filed seeking transit
pre-arrest bail till he appears before the Cyber South East New Delhi Police Station or
seeks any pre-arrest bail/regular bail from the jurisdictional Court.
However, the present petitioner is ready and willing to cooperate with the IO
appearing before the Cyber South East New Delhi Police Station 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.
In that context, Mr. Paramanik, learned counsel relied on a decision 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".
Mr. Sarma, learned Additional Public Prosecutor submitted in this regard that the
offence relates to cyber crime and hence the petitioner may be directed to appear
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before the jurisdictional Court seeking anticipatory bail/regular bail to that extent and
accordingly, he raised objection in allowing the petitioner the privilege of transit
anticipatory bail.
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 14 (fourteen) days from the date of the order with a
direction to appear before the Cyber South East New Delhi Police Station, as directed.
The protection of this transit interim anticipatory bail shall remain in force till
18.08.2025, enabling the petitioner to approach the competent Court for seeking
appropriate relief/bail and also to appear before the Cyber South East New Delhi
Police Station.
Accordingly, it is provided that in the event of arrest of the accused/petitioner,
namely, Abu Taleb Ahmed, in connection with Cyber South East New Delhi P.S. Case
No. 27/2024 under Sections 420/120B IPC, 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 South East New Delhi Police Station within 14
(fourteen) 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
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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 pre-arrest bail application stands
disposed of.
JUDGE
Comparing Assistant
