Pramod Kr Singh v. Union of India

ORDER

21.12.2023 Heard Mr S K Goswami, learned counsel for the petitioner, Sri Pramod Kumar Singh.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with RPF/Post/NGC Case No. 28/2023, under Section 3 (a) of the Railway Property (Unlawful Possession) Act. Page No.# 2/3

¶3Heard Mr B Sarma, learned CGC for Railways.

¶4Notice has been issued against the petitioner under Section 41-A CrPC. The petitioner is apprehending arrest as the driver of the petitioner has been forwarded to custody in connection with this case.

¶5The FIR unfolds that when theft of 27990 kgs of iron patti was committed, the accused was apprehended and forwarded to custody.

¶6During investigation, it was unearthed that the petitioner's truck was used for committing the theft of 27990 of iron patty from the railway station at Panikhaiti.

¶5It is submitted on behalf of the petitioner that Rafiqul Islam, an accused in connection with the aforementioned case had taken his truck bearing Registration No. AS-01CC3028, on rent of Rs. 22,000/- The petitioner was not privy that the iron patti was being carried by his truck. The petitioner is willing to cooperate with the investigation.

¶6The learned CGC has raised objection that there are incriminating materials in the Case Diary, against the petitioner. The petitioner has also not cooperated with the investigation despite issuance of notice to the petitioner by the Investigating Agency.

¶7The Case Diary reveals that the investigation has progressed to a considerable extent.

¶8Custodial interrogation of the petitioner may not be required at this stage. The iron scrap materials have already been seized in connection with this case. The truck has also been seized in connection with this case.

¶9In view of my foregoing discussions, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 30,000/-with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that:-

i) the petitioner shall appear before the IO within 10 (ten) days and Page No.# 3/3 cooperate with the investigation, and

ii) the petitioner shall refrain from such activities with which he is alleged.

iii) the petitioner shall not leave the jurisdiction of the Court, without prior permission from the jurisdictional Court, till completion of trial. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010281872023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4195/2023 PRAMOD KR SINGH S/O RAJ KISHOR SINGH, KAMAKHYA TRADING, ARYA NAGAR, NEAR SHINE TOWER, DIST. KAMRUP M ASSAM VERSUS UNION OF INDIA REPRESENTED BY G.M LAW NF RAILWAY, MALIGAON, GUWAHATI Advocate for the Petitioner : MR. S K GOSWAMI Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND