Usman Sk and 2 Ors v. The Union of India

ORDER Date : 13.06.2024 Heard Mr. M. Khan, learned counsel appearing for the petitioners and Mr. P.S. Lahkar, the learned Additional P.P. for the State of Assam. This is an application under Section 438 of the Cr.P.C. in respect of RPF/Post/NBQ (WS) Case No. 01 of 2024. Some people used to enter into stationery Railway Wagons and they used to remove the copper wires of the Railway Wagon. On 12.05.2024, the FIR was lodged because on that day, one person was apprehended by police while committing theft of the copper wires. He was accompanied by some other persons also and all of them managed to escape into nearby jungle. The three petitioners have alleged that they are not involved in the said offence and police has been unnecessarily harassing them. I have found that the case diary has incriminating materials against the present petitioners. Therefore, their custodial interrogation is necessary. For the aforesaid reasons, the bail application filed by the petitioners is rejected and disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010101422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1325/2024o USMANoSKoANDo2oORSo S/OoSOMIRoUDDINoSK.,oR/OoVILL-oDHOLAGAON,oP.O.-SIMLABARI,oP.S.oANDo DIST-oBONGAIGAON,oASSAM 2:oMINARULoALI oS/OoSOMIRoALI oR/OoVILL-oDHOLAGAON oP.O.-SIMLABARI oP.S.oANDoDIST-oBONGAIGAON oASSAM 3:oMOKIDULoALI oS/OoLAHERoALI oR/OoVILL-oDHOLAGAON oP.O.-SIMLABARI oP.S.oANDoDIST-oBONGAIGAON oASSAo VERSUSo THEoUNIONoOFoINDIAo REPRESENTEDoBYoTHEoNFoRAILWAY AdvocateoforotheoPetitionerooooo:oMR.oMoKHANo AdvocateoforotheoRespondento:oDY.S.G.I.oo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA