Page No.# 1/5 GAHC010264012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2850/2025 SUKUR ALI AND 3 ORS. S/O SAYED ALI R/O VILL- SIV NAGAR, P.S. KAJALGAON, P.S. CHIRANG, BTR, ASSAM 2: NIJAMUL HOQUE S/O NURUL HOQUE RESIDENT OF VILL- DANGTOLA BAZAR P.S. KAJALGAON DIST. CHIRANG BTRA ASSAM 3: DINA RAY S/O LATE NORESH RAY RESIDENT OF VILL- SHIMLAGURI P.S. KAJALGAON DIST. CHIRANG BTR ASSAM 4: MUMTAJ ALI S/O LATE KAPIL UDDIN VILL- RAJA BAZAR P.S. KAJALGAON DIST. CHIRANG BTR ASSA VERSUS THE UNION OF INDIA REPRESENTED BY THE RAILWAY DEPARTMENT, N.F. RAILWAY. Page No.# 2/5 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, NF RLY, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Mr. M. Khan, learned counsel appearing for the accused/applicants. Also heard Mr. K. K. Parasar, learned Central Government Counsel appearing for the respondent. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail to the accused/applicants, viz., 1) Sukur Ali, 2) Nijamul Hoque, 3) Dina Ray and 4) Mumtaj Ali in connection with RPF/POST/NBQ Case No.04/2025 registered under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966. The learned counsel for the accused/applicants submits that he is not pressing any pre-arrest bail for accused/applicant Nos.2 and 3 as those persons have already been arrested by the police authorities. The gist of the allegation as has been narrated in the two F.I.Rs. dated 13.05.2025 filed by the police authorities before the Post Commander, N.F. Railway, New Bongaigaon as well as the F.I.R. lodged before the Kajalgaon Police Station which was registered as Kajalgaon Page No.# 3/5 P.S. Case No.73/2025 are, inter-alia, that some unidentified persons have been seen involved in stealing of petroleum products; that police on reaching the spot recovered petroleum products approximately 200 liters of each in 5 numbers of plastic drums as well as certain empty drums along with plastic pipes from the place called Dangtal under Kajalgaon Police Station; that on inquiry, it was found that certain persons, namely, Fazal Ali, Babul Dutta, Amir Khan, Bhuttu Ali, Nizamul Hoque, Babul Ray, Hussain Ali, Ali Akbar, Mahibul Innus Ali, Osman Goni and Makram Ali were suspected to be involved in the offence as narrated in the F.I.R. The learned counsel appearing for the accused/applicants submits that the accused/applicant No.1 has already been granted bail by the learned Chief Judicial Magistrate, Chirang, vide order dated 02.06.2025 in connection with the aforesaid Kajalgaon P.S. Case No.73/2025. He further submits that the accused/applicant No.4 is neither named in the F.I.R. nor did his name came to the surface during the investigation by the police authorities. The learned counsel further submits that the accused/applicant No.4 is apprehending arrest as the police is visiting his house for investigation. He further submits that since the accused/applicant No.1 has already been granted bail in connection with the other case with the same set of allegations, he may be granted pre-arrest bail in the instant case as well. The learned counsel further submits that since the accused/applicant No.4 is neither named in the F.I.R. nor is he involved in the offence alleged in any manner but having Page No.# 4/5 serious apprehension due to the visit of the police team in his house, he may be granted the privilege of pre-arrest bail. The learned Central Govt. Counsel appearing for the respondent, on the other hand, opposes the bail at this stage. This Court has gone through the materials brought before this Court as well as heard the submissions made by the learned counsel for the respective parties. It is seen that on the basis of the same set of allegations Kajalgaon P.S. Case No.73/2025 was registered wherein the accused/ applicant No.1 has already been granted by the learned CJM, Chirang. This Court has also noticed that the accused/applicant No.4 is not named in the F.I.R. It seems the only apprehension of the accused/applicant No.4 is due to the visits of the police team to his residence. Taking into account the whole facts in it’s entirety, this Court is inclined to grant the privilege of pre-arrest bail to the accused/applicant Nos.1 and 4, viz., Sukur Ali and Mumtaj Ali, respectively. Accordingly, it is directed that in the event of their arrest in connection with the aforesaid RPF/POST/NBQ Case No.04/2025, the accused/applicant Nos.1 and 4, viz., Sukur Ali and Mumtaj Ali, respectively, shall be released on bail on furnishing a bail bond of Rs.30,000/- each with a surety each of the like nature to the satisfaction of the Investigating Officer (I.O.) in connection with the RPF/POST/NBQ Page No.# 5/5 Case No.04/2025 subject to the following conditions :- (1) That the accused/applicant Nos.1 and 4 shall appear before the I.O. within a period of 7 (seven) days from the date of this order. (2) That the accused/applicant Nos.1 and 4 shall not hamper or tamper with the evidence. (3) That the accused/applicant Nos.1 and 4 shall not leave the jurisdiction of the I.O. without prior permission. With the aforesaid directions, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant