ORDER :

Heard Mr. N. Ray, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.

2. At the very outset, the learned Additional Public Prosecutor, raised objection against the filing of this bail application under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre arrest bail in the offence committed and registered before 01.07.2024. It is submitted that since the alleged offence was committed and the case was registered prior to the enforcement of the new BNSS, the petition ought to have been filed under section 438 of Cr.P.C and not under 482 of the BNSS,2023.

3. The cause title of this anticipatory bail read as under:

“An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting of pre-arrest bail” and in the matter of “Namsai P.S. Case No. 71/2023 under Section 354A of Indian Penal Code, 1860 and under Section 75 of Bharatiya Nyaya Sanhita, 2023.”

4. However, on perusal of available record, it appears that on receipt of the written FIR lodged by the informant on 02.12.2023, by the Officer-In-Charge, Police Station Namsai, District Namsai, Arunachal Pradesh; a case