Page No.# 1/4 GAHC010244762025 2025:GAU-AS:15618 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2623/2025 ANJANI KUMAR SINGH SON OF NAND KISHORE SINGH RESIDENT OF A-301, ATIANTA HIRANANDANI ESTATE, GHODBUNDER ROAD, PATILPAADA, THANE-400607, MAHARASTRA. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR P BHARDWAJ, B PARASHAR,M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.11.2025 1. Heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. P. Bharadwaj, learned counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State. Page No.# 2/4 2. This application has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting pre-arrest bail to the accused applicant in connection with Teok P.S. Case No. 119/2025 under Sections 281/118(2)/124(1)/324(5) of BNS, 2023 read with Section 23(1)(e)(f) of the Petroleum Act, 1934. 3. The gist of the allegation as narrated in the FIR lodged on 13.09.2025, by one, Ganga Phukan is that one Oil tanker, bearing registration No. NL-01-AJ- 0959 going towards Jorhat from Sibsagar, overturned on the road due to rash and negligent driving of the driver. It was also alleged that due to spilling of oil from the said oil tanker, surrounding area caught fire and three women got severe burn injuries on their bodies and later on, all the three women, unfortunately, succumbed to their injuries. It was also alleged in the FIR that both the buyer and the seller of the consignment did not take proper safety measures and due to such inaction on the part of the buyer and seller, the incident occurred and thereby, three women had to meet their untimely deaths. 4. Vide order dated 06.11.2025, a Co-ordinate Bench of this Court has already granted interim bail to the accused applicant. 5. The learned Senior Counsel for the accused applicant submits that in terms of the aforesaid order dated 06.11.2025, the accused applicant has already appeared before the Investigating Authority and got his statements recorded. He further submits that the accused applicant shall fully co-operate with the further investigation in the matter and therefore, he prays that the instant interim order so passed on 06.11.2025, should be made absolute. Page No.# 3/4 6. As far as the allegations against the accused applicant in the FIR, the learned Senior Counsel submits that once the consignment is loaded on a truck, the responsibility of the seller ceases to exist and whatever safety norms to be observed, has to be observed by the buyer or the transporter. He submits that in the instant case, since the applicant is an employee of the seller organization, he is no way involved in the requirement of safety measures during the transportation. In view of the aforesaid submissions, the learned Senior Counsel submits that the instant pre-arrest bail should be allowed by making the interim order absolute. 7. Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State has submitted that the incident which has occurred is an unfortunate incident and has claimed the lives of three persons as the safety measures were not observed by the seller organization. He, however, submits that in terms of the interim order passed by the Co-ordinate Bench of this Court, the accused applicant has appeared before the Investigating Authority and got his statements recorded. He submits that while transporting such inflammable consignments, both the buyer as well as the seller should take responsibility about the safety measures. In view of the aforesaid, he opposed the bail. 8. This Court has gone through the Case Diary that has been submitted before this Court as well as heard the submissions made by the counsel on behalf of the respective parties. On perusal of the Case Diary and the materials brought on record, it is seen that the accused applicant, in terms of the aforesaid interim order dated 06.11.2025, has already appeared before the Investigating Authority and co-operated with the investigation. Page No.# 4/4 9. Taking into account the whole matter, this Court is of the considered opinion that the interim order so passed on 06.11.2025, should be made absolute. Accordingly, the interim order passed earlier is hereby made absolute. 10. This application is disposed of. 11. Case Diary to be returned. JUDGE Comparing Assistant