22.04.2025 Heard Mr. S. M. Mollah, learned counsel of the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent.

2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of pre-arrest bail to the petitioners in connection with CEN P.S. Case No. 158/2025, registered under Section 318(4) of the BNS and read with Sections 66(C) / 66(D) of the I.T. Act, 2000.

3. It is submitted by the learned counsel for the petitioners, Mr. Mollah, that the petitioners are innocent and are not involved in the alleged case. It is further submitted that petitioner No. 1 received the first notice on 26.03.2025, which had been issued on 12.03.2025, and petitioner No. 2 received the first notice on 28.03.2025, which had been issued on 17.03.2025, under Sections 94 / 179 of the BNSS, 2023. Both petitioners subsequently received second notices dated 22.03.2025, under Section 35(3) of the BNSS, 2023, which were delivered to them on 04.04.2025.

4. He further submitted that neither of the petitioners has any criminal antecedents whatsoever, nor have they ever been arrested in connection with any offence. However, the police of the CEN Police Station, North Division, Bengaluru City, issued notices to the petitioners for reasons best known to them. It is also submitted that both petitioners, upon receiving the first notices, responded through their advocate by registered post to the Investigating Officer of the aforesaid case. Nevertheless, the Investigating Officer again issued second notices to them under Section 35(3) of the BNSS, 2023. Consequently, the petitioners have an apprehension of being arrested in connection with this case. Furthermore, it is submitted that the petitioners are ready and willing to appear before IO, and to cooperate fully with the investigation, provided Page No.# 3/5 they are granted some interim protection in the form of transit anticipatory bail.

5. In addition to his submissions, learned counsel relied upon the judgment of the Hon'ble Supreme Court reported in 2023 0 Supreme ( SC) 1164 [Priya Indoria vs. State of Karnataka & Others ], wherein the Court held that the provision for transit anticipatory bail is intended to secure the liberty of the individual under Article 21 of the Constitution of India, provided that the person apprehending arrest makes out a case for such relief. He specifically relied on paragraphs 102 and 103 of the said judgment , which read as under:

6. In this context, Ms. Bora, learned Additional Public Prosecutor has submitted that the allegation against the accused/petitioners pertains to unauthorized money transactions, which fall under the domain of cyber crime. Hence, at this stage, he raised an objection to the grant of pre-arrest transit bail to the accused/petitioners.

7. Considering the submissions made by the learned counsels for both sides, as well as the annexures filed along with the petition and other aspects of the case, I find it to be a fit case for granting the privilege of interim transit anticipatory bail to the accused/petitioners for a period of 21 (twenty one) days from the date of this order, enabling the petitioners to appear before the I.O and approach the competent Sessions Court or the Hon'ble High Court, as the case may be, for seeking full-fledged anticipatory bail or regular bail.

8. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, 1. Nur Islam Ali and 2. Faijul Haque @ Foijul Haque, in connection with CEN P.S. Case No. 158/2025, registered under Section 318(4) of the BNS and read with Sections 66(C) / 66(D) of the I.T. Act, they shall be enlarged on interim transit bail Page No.# 5/5 on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

9. In terms of the above, this anticipatory bail application stands allowed and is accordingly disposed of.

JUDGE Comparing Assistant