AB 1265/2011 BEFORE HON’BLE MR. JUSTICE A.C.UPADHYAY Heard Mr. RP Sarma, learned counsel appearing for the petitioner and Ms. B. Saikia, learned PP, Assam. This is an application u/s 438 CrPC seeking pre-arrest bail by t he petitioner in connection with RPF/Post/DMR Case No.1(3)11 u/s 3(a) of RP(UP) Act. On perusal of the case diary and the materials available on reco rd it appears that two trucks carrying Railway materials were seized by the offi cer-in-charge of the Nilambazar PS. After verification one truck was released a nd there is no specific information implicating the petitioner in the commission of alleged theft. The petitioner is a Railway employee. The allegation agai nst the petitioner is that the truck was loaded with railway materials from BRGM Railway station on 25.3.11, in presence of the petitioner, by the railway emplo yees, under his supervision. Considering the facts and circumstances of the case including th e allegation levelled in the FIR and on perusal of the case diary, I am of the c onsidered view that there is no sufficient incriminating materials on record war ranting custodial interrogation of the petitioner. Accordingly, the interim pre-arrest bail granted earlier on 11.5 .11, is hereby made absolute. Bail application stands disposed of.