GAHC010065902026

2026:GAU-AS:4694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/687/2026 ABDUL HAKIM SHEIKH @ ABDUL HAKIM S/O LATE KERAMAT ALI, R/O VILL KALAPAKANI PT II, P.O. PATAMARI, DISTRICT- DHUBRI, ASSAM, PRESENTLY RESIDING AT VILLAGE- TIAMARI PART II, P.O. GOURIPUR, DISTRICT DHUBRI, ASSAM, PIN 783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

01.04.2026 Heard Mr. R. Islam, learned counsel for the accused/petitioner and Ms.

S.H. Borah, learned Additional Public Prosecutor, Assam for the State.

2. This is a petition under Section 482 of the BNSS, 2023, seeking grant of transit anticipatory bail to the accused/petitioner, namely, Abdul Hakim Sheikh @ Abdul Hakim, in connection with FIR/Case No. 65/2026 dated 28.02.2026, registered under Sections 318(4) and 319(2) of the BNS, 2023, read with Sections 66(c) and 66(d) of the Information Technology Act, 2000, at Sion Police Station, Mumbai, Maharashtra.

3. The accused/petitioner submits that the Assistant Police Inspector (Cyber Cell), Sion Police Station, Mumbai, Maharashtra has registered a case vide FIR/Case No. 65/2026, Date- 28/02/2026, u/s 318(4), 319(2) of BNS, 2023, r/w 66 (c), 66 (d) of IT Act, 2000 and started the investigation of the said case. The Assistant Police Inspector (Cyber Cell) Sion Police Station, Mumbai, Maharashtra issued a notice vide No. O.W. No. 66/Sr. PI/2026, dated 20.03.2026 under Section 35(3) of the BNSS, 2023 to the accused/petitioner directing to appear before the Investigating Officer at Sion Police Station, Mumbai, Maharashtra in connection with the investigation of the above noted case within the 10 (ten) days from the date of receipt of the notice dated 20.03.2026. The Police Personnel of Sion Police Station, Mumbai, Maharashtra visited the resident of the accused/petitioner on 20.03.2026 and delivered the said notice dated

20.03.2026 to the wife of the accused/petitioner.

4. The accused/petitioner submits that one Ahad Ali Sheikh, R/o- Village Patamari Pt.-II, P.S.-Gauripur, in the District of Dhubri has been running a wholesale fish business with the partnership of one Zahidul Alom, son of Nazibur Rahman, R/o- village-Jaleswar Bill, in the District of Goalpara, Assam. The said Ahad Ali Sheikh purchases the fish from the owner of Balaji Multipurpose Fish Cold Storage, Falakata, West Bengal. The said Zahidul Alom normally makes payment of purchased fish to the SBI Bank Account of said Balaji Multipurpose fish cold storage on the strength of partnership business. The accused/petitioner is a daily wages worker of said Zahidul Alom. Sometime, said Zahidul Alom sends the copies of the receipts of payment of fish to the phone of the accused/petitioner through WatsApp to collect the money from the said Ahad Ali Sheikh. The accused/petitioner has collected some information from reliable sources that the Bank Account of the said Balaji Multipurpose fish cold storage has been frozen by the concerned authority due to suspicious activities and the said Ahad Ali Sheikh and Zahidul Alom are the suspected Accused of the aforesaid case.

5. In the case of Priya Indoria Vs. State of Karnataka and Others reported in (2024) 4 SCC 749, the Hon'ble Supreme Court has laid down the conditions for grant of transit bail, which is extracted herein below:-

93.1. Prior to passing an order of limited anticipatory bail, the investigating officer and public prosecutor who are seized of the FIR shall be issued notice on the first date of the hearing, though the Court in an appropriate case would have the discretion to grant interim anticipatory bail.

93.2. The order of grant of limited anticipatory bail must record reasons as to why the applicant apprehends an inter-state arrest and the impact of such grant of limited anticipatory bail or interim pr