Gauhati High Court

AB/2076/2026 of AKHTAR HUSSAIN Vs THE UNION OF INDIA on 17 September 2026

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GAHC010183222026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2076/2026 AKHTAR HUSSAIN S/O MORTUZ ALI, PERMANENT RESIDENT OF SUDHUPATTY, BIRUBARI, P.O. GOPINATH NAGAR, P.S. PALTANBAZAR, GUWAHATI-781016, DISTRICT- KAMRUP (M), ASSAM.

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GAHC010183222026

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB/2076/2026

AKHTAR HUSSAIN

S/O MORTUZ ALI, PERMANENT RESIDENT OF SUDHUPATTY, BIRUBARI, P.O. GOPINATH NAGAR, P.S. PALTANBAZAR, GUWAHATI-781016, DISTRICT- KAMRUP (M), ASSAM.

VERSUS

THE UNION OF INDIA

REPRESENTED BY THE CGC, GOVT. OF INDIA. (N.F.RAILWAY)

Advocate for the Petitioner : MR. J A AHMED, MR. K M HASSAN,MUSTAFIJUR RAHMAN

Advocate for the Respondent : SC, NF RLY, MR. K K PARASAR

BEFORE

HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

Date : 18.09.2026 Heard Mr. J.A. Ahmed, learned counsel appearing for the accused applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the respondent.

2. By this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Akhtar Hussain, has prayed for grant of pre-arrest bail in connection with RPF/Post/KYQ Case No.12/2026 under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 read with Section 147 of the Railway Act, 1989.

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3. The allegation as mentioned in the Ejahar is inter-alia, that during the night hours of 18th and 19th May, 2026, some miscreants by using a Tata Intra vehicle entered an open type godown used for stocking of cables and they stole various types of cables. During such stealing, some of the miscreants along with the driver of the vehicle were caught red handed by the railway staff.

4. Learned counsel for the accused applicant submits that the accused applicant is nowhere linked with the offence as alleged in the Ejahar as the stolen goods were in fact sold to one R.P Traders. He submits that as far as the allegation is concerned, there is no specific allegation against the accused applicant and he is nowhere linked with any kind of purchase of the stolen railway goods. He submits that he will fully cooperate with the investigation in the event his prayer for anticipatory bail is allowed.

5. Mr. K.K. Parasar, learned Additional Public Prosecutor on the other hand, opposes the prayer for anticipatory bail at this stage.

6. Taking into account the submission made by the learned counsel for the accused applicant that all the accused persons named in the Ejahar have already been granted bail and the accused applicant is only the owner of the scrap yard, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail.

7. Accordingly, it is directed that in the event of arrest of the accused applicant in connection with RPF/Post/KYQ Case No.12/2026 by the police, he shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with a surety of like nature to the satisfaction of the Railway Police Force, Kamakhya, subject to the following conditions:-

(i) The accused applicant shall appear before the RPF within a period of 10(ten) days from today;

(ii) The accused applicant shall fully co-operate with the investigation and appear before the RPF as and when called for; (iii) The accused applicant shall not hamper or temper with the investigation of this case.

8. In terms of the aforesaid direction, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant

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