Ashadul Hoque Choudhury vs The State Of Assam
2025 Latest Caselaw 5546 Gua

Gauhati High Court

Ashadul Hoque Choudhury vs The State Of Assam on 19 June, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

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GAHC010129692025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : AB/1372/2025

            ASHADUL HOQUE CHOUDHURY
            SON OF SIRAJUL HOQUE CHOUDHURY, VILLAGE AND PO MAHATOLI,
            BOKO, KAMRUP, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP, ASSAM



Advocate for the Petitioner   : MR. M I HUSSAIN, MR. S M RAHMAN,R KHA,MS. P AHMED

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

Date : 19.06.2025

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam.

This application has been filed under Section 482 of the BNSS, 2023 for grant of transit anticipatory bail in respect of Whitefield CEN Police Station Cr. No.1197/2024 under Section 66(D) of IT Act 2000 and Section 318(4), 319(2) of BNS 2023.

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The petitioner has relied upon the judgment of Hon'ble Supreme Court that was delivered in Priya Indoria -vs- State of Karnataka and Ors reported in (2024) 4 SCC 749.. Paragraph 96 of the said judgment is quoted here under:-

"96. We shall now revert to our illustration given at the beginning of this judgment. In the illustration, we have stated 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. We have held that the accused could approach the competent Court in the State where he is residing or is visiting for a legitimate purpose and seek the relief of limited transit anticipatory bail although the FIR is not filed in the territorial jurisdiction of the District or State in which the accused resides, or is present depending upon the facts and circumstances of each case. Conversely, the offence may be committed in one State, the FIR may be lodged in another State and the accused may reside in a third State. In which of the Courts of the three States would the accused approach for grant of anticipatory bail? We feel that having regard to the salutary concept of access to justice, the accused can seek limited transit anticipatory bail or limited interim protection from the Court in the State in which he resides but in such an event, a 'regular' or full- fledged anticipatory bail could be sought from the competent Court in the State in which the FIR is filed."

After considering the submission made by the learned counsel for both sides, this Court is of the opinion that at this stage, the petitioner deserves to be given the interim bail. Therefore, as an interim measure, it is hereby directed that in the event of arrest in connection with Whitefield CEN Police Station Cr. No.1197/2024, the petitioner Ashadul Hoque Choudhury, shall be released on bail of Rs.25,000/- with a suitable surety of like amount to the satisfaction of the arresting authority.

The petitioner is directed to approach the competent court for full fledged anticipatory bail within the next 30 days from today.

With the above observation, the anticipatory bail application stands disposed of.

JUDGE

Comparing Assistant