The court can grant transit bail to prevent inter-state arrest, emphasizing personal liberty under specified conditions.

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The respondent No.3 issued Annexure A2 notice to the applicant directing the applicant to appear before him for preliminary enquiry in connection with a complaint filed by one Sri. Gajera Kalpesh Maganbhai, proprietor of J.K. Star Jewels which has been registered as C.A. Application No.905/2025.

3. The applicant apprehends arrest by respondent No.3 in the above proceedings.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The Supreme Court in Priya Indoria v. State of Karnataka (2023 KHC OnLine 6997) held that though this Court is not in a position to grant pre-arrest bail in cases where crimes have been registered outside the territorial jurisdiction, this Court is empowered to pass an order of transit bail.

6. The apprehension of the applicant of an inter-state arrest appears to be well-founded. The grounds raised by the applicant for an order of transit bail appears to be reasonable to avoid minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately.

This bail application is therefore disposed of with liberty to the applicant to approach the jurisdictional Court and seek proper remedies in accordance with law, within a period of three weeks from today. The respondent No.3 shall not arrest the applicant till the expiry of the said three weeks.

Sd/-