THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE UNION OF INDIA (N.F. RAILWAY)

Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : SC, NF RLY BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 27.01.2023 ORDER Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned standing counsel for the NF Railways. Page No.# 2/3 Apprehending arrest in connection with RPF/Post/NGC’s Case No. 08/2022 under sections 3(a) of RP(UP) Act, the petitioner, namely, Shah Alom has filed this application under section 438 Cr.P.C. The learned APP has produced the case diary and opposed the prayer for bail on the ground that the work order based on which the railway materials were lifted as scraped was fake and it is submitted that the huge quantity of the railway property sought to be stolen and the materials were recovered from the godown of the petitioner, who is running the said scrap dealership in the name of M/s. Suhana Enterprise. Although, it appears that there are sufficient incriminating materials against the petitioner of having participated in the stealing and disposal of the railway materials, considering the fact that the petitioner is on interim bail by order dated 25.11.2022 and there is no allegation against the petitioner of having violated any of the conditions of the interim pre-arrest bail, the Court is inclined to make the interim pre-arrest bail order dated 25.11.2022 absolute on the same terms. In addition, the petitioner shall once again appear before the I/O once in a month and he shall continue to appear till his appearance is dispensed with or charge-sheet is filed, whichever is earlier. It is provided that if the petitioner again found to be involved in stealing of any railways material, it would be open to the I.O. to approach the jurisdiction Court and apply for cancellation of bail. Application stands disposed of. Case diary is returned. Page No.# 3/3 JUDGE Comparing Assistant