Jurisdictional limitations affect pre-arrest bail but transit bail can be granted to avoid inter-state arrests.

O R D E R

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

2. The applicants are accused Nos.3 and 4 in Crime No.11208003251199/2025 of Gandhigram-2, University Police Station, Rajkot, Gujarat. The offence alleged against the applicants is punishable under Section 318 (4) read with Section

3(5) of the Bharatiya Nyaya Sanhita , 2023

3. The applicants apprehend arrest by respondent No.3 in the above crime.

4. Heard the learned counsel for the applicants and the learned Senior 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 applicants of an inter-state arrest appears to be well-founded. The grounds raised by the applicants for an order of transit bail appears to be reasonable to avoid minimum threat to their life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicants have satisfied this Court regarding their 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 applicants 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 applicants till the expiry of the said three weeks.

Sd/-