Page No.# 1/3 GAHC010065582025 2025:GAU-AS:3676 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./948/2025 ALEPUDDIN SHEIKH AND ANR. S/O MD.MAHIRUDDIN SHEIKH R/OVILL-RUPSHIGAON PART-II, P.O.AMINKATA,P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM 2: AYJUDDIN SARKAR S/OMD.KALIMUDDIN SARKAR R/OVILL-RUPSHIGAON PART-II P.O.AMINKATA P.S. GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE UNION OF INDIA REP BY THE NF RAILWAY. Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : SC, NF RLY, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 28.03.2025 Heard Mr. M. A. Mondal, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned CGC for the respondent. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting regular bail to the accused/petitioners, who have been languishing in jail hazot in connection with RPF/POST/KOJ Case No. 02/2025, registered under Section 3(a) of the Railway Property (Unlawful Possession) Act. Mr. Mondal, learned counsel for the petitioners, submits that the petitioners have been in custody for 36 and 32 days, respectively. He further states that the goods have already been seized from their possession, and they were also kept in police remand for two days. During this period, they disclosed the name of a co- accused and fully cooperated with the investigation. Thus, considering their length of detention, he prays for enlarging the accused/petitioners on regular bail. On the other hand, Mr. P. S. Lahkar, learned CGC, submits that both the FIR and the seizure list indicate the petitioners' involvement in the alleged offence. However, considering their length of detention and the gravity of the offence, he does not object to granting them bail. Taking into account the submissions of both learned counsels and the fact that the petitioners have already undergone 36 and 32 days of detention, including two days in police remand, I am of the view that the Investigating Officer got ample opportunity to interrogate them while keeping them in custody. Accordingly, further custodial interrogation of the petitioners does not appear necessary in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the Page No.# 3/3 learned Special Railway Magistrate, Bongaigaon, the accused/petitioners, namely, Alepuddin Sheikh and Ayjuddin Sarkar, be enlarged on bail, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned Special Railway Magistrate, Bongaigaon, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant