Page No.# 1/4 GAHC010232272025 2025:GAU-AS:14717 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2140/2025 ABUL ALI ALIAS ABUL AHMED AND ANR SON OF CIRAJ ALI RESIDENT OF MECHAGARH BURAGOHAI BARI P.O. MECHAGARH DIST. SIVASAGAR ASSAM PIN-785697. 2: RABUL ALI SON OF LATE BABUL ALI R/O HALUWA BHAKAT GAON DIST. SIVASAGAR ASSAM PIN-785697. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. D CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 31.10.2025 1. Heard Mr. D. Choudhury, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, 1. Abul Ali @ Abul Ahmed and 2. Rabul Ali, who are apprehending their arrest in connection with Sivasagar P.S. Case No. 119/2025, under Sections 61(2)/305(e)/287/288/125(b) of BNS, 2023 read with Section 23 of Petroleum Act, 1934, R/W Section 3/4/5 of Explosive Substance Act, 1908, R/W Section 7 of Essential Commodities Act, 1955 3. The gist of accusation in this case is that on 11.08.2025, one Atul Das, SI of Police had lodged an FIR before the Officer-in- Charge of Sivasagar Police Station, inter alia, alleging that on 09.08.2025 approximately at 6:30 PM, the informant received a telephonic information regarding one dumper burst while the said vehicle was being welded in the godown belonging to one Jelil Ahmed. 4. It is alleged in the FIR that 2(two) workers, namely, Muzakir Ali and Abdul Jelil sustained serious injuries in the burst and during inquiry, it was found that suspected crude oil was illegally stored in the godown constructed underground with underground chamber in order to prevent detection. Page No.# 3/4 5. The learned counsel for the petitioners has submitted that the petitioners were granted interim bail on 03.09.2025, pursuant to which they have appeared before the I.O and in this context, an additional affidavit has also been filed. 6. It is fairly submitted by the learned Additional Public Prosecutor for the State that the investigation so far has not found much incriminating materials with regard to petitioner no.2 i.e. Rabul Ali. However, the investigation has found sufficient incriminating materials against the petitioner no.1 i.e. Abul Ali @ Abul Ahmed, who, in collusion with the other co-accused has been found to be involved in running a racket of this nature, illegally storing crude oil and endangering persons as well as the surrounding environment. 7. It is submitted that the incident came to light only when there was a blast in a dumper, supposedly converted for storing such crude oil, which is an inflammable and hazardous substance. 8. In the given facts and circumstances and the materials revealed perhaps, it may not be justified to confirm the anticipatory bail with regard to petitioner no.1 and therefore, the interim bail with regard to petitioner no.1 i.e. Abul Ali @ Abul Ahmed stands vacated and thereby, rejecting his prayer for pre-arrest bail. However, the interim pre-arrest bail granted to petitioner no.2 i.e. Rabul Ali vide order dated 03.09.2025 is hereby made absolute subject to the conditions that – i) He shall co-operate with the remaining investigation; Page No.# 4/4 ii) He shall not hamper or tamper with evidence 9. Return back the case diary 10. Accordingly, this anticipatory bail petition stands disposed of. JUDGE Comparing Assistant