Page No.# 1/4 GAHC010244752025 2025:GAU-AS:15615 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2620/2025 DR KAPIL GARG S/O LATE MAHENDRA KUMAR GARG R/O 46TH FLOOR, 4601, OMKAR 1973, TOWER-2 PANDURANG BUDHKAR MARG, WORLI MUMBAI-400030, MAHARASHTRA, INDIA. 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 bails to some of the co-accused belonging to seller Organization and their bails have been made absolute vide order dated 18.11.2025 of this Court. 5. The learned Senior Counsel for the accused applicant submits that the accused applicant is the Managing Director of the Organization and he is no way linked in the day to day operation of the aforesaid company. He further 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 Page No.# 3/4 by the buyer or the transporter. He further submits that the accused applicant is willing to fully co-operate with the investigation and he will present himself before the Investigating Authority as and when called for. 6. 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. Therefore, he opposes granting bail to the accused applicant. 7. 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. 8. Taking into account the whole matter, this Court is of the considered opinion that the accused applicant should be allowed to go on pre-arrest bail on furnishing of a bail bond of Rs. 30,000/- with surety of like nature to the satisfaction of the Investigating Officer in connection with Teok P.S. Case No. 119/2025 in the event of his arrest subject to the condition that the accused applicant shall appear before the Investigating Officer as and when summons for appearance is received by him. 9. This pre-arrest bail application is disposed of as allowed. JUDGE Page No.# 4/4 Comparing Assistant