10.04.2025 Heard Mr. R. De, learned counsel of the petitioners. Also heard Mr. D. P. Goswami, 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 grant of pre-arrest bail to the petitioners in connection with Crime No. 0043/2024, under Sections 419 / 420 of IPC and 66D of the I.T. Act, registered by the Cyber Crime Police Station, Noida Commissionerate, Gautam Budh Nagar, UP.

3. It is submitted by the learned counsel for the petitioners, Mr. De, that the petitioner No.1 is the Secretary of an NGO namely Aid India, Assam working in the field of skill and livelihood development for women, and the petitioner No.2 is the President of the said NGO. It is further submitted that neither of the petitioners has any criminal antecedents whatsoever, nor have they ever been arrested in connection with any offence or crime. However, the petitioners received a notice under Section 41(A) of the Cr.P.C. dated 28.03.2025, directing them to appear before the Cyber Crime Police Station, Noida Commissionerate, on 04.04.2025 in connection with Crime No. 0043/2024. But, due to petitioner No.1 suffering from an orthopaedic problem, the petitioners were unable to appear before the Investigating Officer on 04.04.2025. They submitted an application explaining their inability to attend, which was duly accepted, and the next date for appearance has been fixed on 10.04.2025 before the aforementioned Cyber Crime Police Station.

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4. He further submits that the petitioners are no way associated with any unauthorised money transactions; rather, they themselves are victims of cybercrime. In this regard, petitioner No.1 even addressed a letter to the Branch Manager of Ujjivan Small Finance Bank Ltd., Lachit Nagar, Guwahati, stating that he was unable to operate the NGO's account. He also wrote another letter to the Officer-in-Charge, Cyber Cell, Panbazar, Guwahati, stating that the said NGO account had been hacked by unknown persons and that he was not in a position to operate it. Furthermore, he submits that the petitioners are ready and willing to appear before the I.O of Cyber Crime, Noida, and to cooperate fully with the investigation, provided that 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 ( 2024) 4 SCC 749 [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, Mr. Goswami, 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 15 (fifteen) days from the date of this order, enabling the petitioners to appear before the IO 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. Sri Bishnu Sarkar and 2. Sri Dhananjoy Das, in connection with in connection with Crime No. 0043/2024, under Sections 419 / 420 of IPC and 66D of the I.T. Act, registered by the Cyber Crime Police Station, Noida Commissionerate, Gautam Budh Nagar, UP, they shall be enlarged on interim transit bail 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