A person charged with a crime in one state may apply for transit anticipatory bail in another state, maintaining cooperation with authorities.

ORDER

22-08-2025 Heard Mr. K. U. Ahmed, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent.

2. This is an application under Section 482 BNSS, 2023 praying for granting transit anticipatory bail to the accused/petitioner, Nurul Amin, who is apprehending arrest in connection with Cyber Police Station South East P.S. Case No. 34/2025 under Section 318(4) of the BNS, 2023 .

3. It is submitted by Mr. Ahmed, learned counsel that the petitioner is innocent and he has not committed any such offence, as alleged in the FIR.

4. He further submitted that police from Cyber Police Station, South East Delhi came to his house and handed over one notice issued to him, wherein he was directed to appear before the said police station on 16.08.2025. Further, over telephone he communicated with the I.O. of the case and prayed for some time for his appearance, as his mother was ill at that time.

5. He further submitted that he is innocent and he has no knowledge as to how some amount is transferred in the account of the trust, wherein he is the President.

6. However, the present petitioner is ready and willing to cooperate with the IO appearing before the Cyber Police Station South East and to extend his cooperation in the investigation of the 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.

7. In that context, Mr. Ahmed, 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”.

8. Mr. Borthakur, learned Addl. PP submitted that the case relates to Cyber Crime and it seems that the petitioner is well aware about the said offence and hence, no such protection may be given to the petitioner.

9. 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 for 2 (weeks) weeks from the date of the order with a direction to appear before the Cyber Police Station South East, Delhi, as directed.

10. The protection of this transit interim anticipatory bail shall remain in force for the next 2 (two) weeks, enabling the petitioner to approach the competent Court for seeking appropriate relief/bail and also to appear before the Cyber Police Station South East, Delhi.

11. Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Nurul Amin, in connection with Cyber Police Station South East P.S. Case No. 34/2025 under Sections 318(4) of the BNS, 2023 , 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 Police Station South East within 2 (two) weeks;

(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 investi