Shri Sarat Karmakar Vs the State of Assam

This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioner in connection with Haluating PS Case No. 18/2025 under Sections 61(2)/303(2) of the BNS, 2023 read with under Section 3(2)(b) of Prevention of Damage to Public Property Act, 1984 and read with under Section 15(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Act, 2011.

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On 17.12.2025, one B.Bora, C.E. (P), IM-CGS2, CTF GLK, ONDC, AssamAsset as Complainant lodged an FIR before the Officer-in-charge, Haluwating Police Station stating inter alia that, on 15.12.2025 at around 1200 hrs the Security Officer of Geleky Field Area ONGC Assam Asset got a call mentioning presence of crude oil over the soil surface above 14" Trunk Pipe Line (TPL), going from Geleky Central Tank Farm (CTF) to Jorhat at Village Kharangi (near Kharangi School) and that, upon reaching the site a black colour pipe was observed on the surface of the earth etc. and thereafter, the matter was immediately reported to the local Police and thereby requested to register a complaint in the matter and conduct a formal investigation and to take action in accordance with applicable laws including the PMP Act. Upon receipt of the said FIR, Haluating P.S. Case No.18/2025 u/s 61(2)/303(2) of BNS R/w Section 3(2) (b) of the Prevention of Damage to Public Property Act, 1984 and R/w Section 15(2) of the Petroleum and Minerals Pipelines (Acquisition of Right of user in Land) Amendment Act, 2011 was registered and the Police commence the investigation.

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Learned counsel for the petitioner has submitted that the present petitioner, namely, Sri Sarat Karmakar is nowhere connected with the alleged

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offence. It is stated by reference to the forwarding report that no specific allegation with reference to any material has been referred to in the grounds of arrest as against the present petitioner.

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Reference is also made to the Annexure-C i.e. Legal Notice issued on behalf of the petitioner Shri Sarat Karmakar to one Pronoti Phukan Saikia, wherefrom it appears that the land that is the place of occurrence was under an Agreement for sale between the aforesaid person and the present petitioner and the co-accused. But the land where the alleged offence took place was neither under his control nor in his possession. Meanwhile, the petitioner has already spent 48 days behind Bars.

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The chargesheet has already been submitted and the petitioner has already spent 48 days behind bars.

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The learned Additional Public Prosecutor has objected to the prayer for bail as the chargesheet has already been submitted.

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Considering the length of detention and the fact that the investigation has been completed and also having regard to the material available in the forwarding report, further detention of the petitioner may not be necessary.

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Accordingly, it is directed that the petitioner, namely, Sri Sarat Karmakar, shall be released on bail of Rs. 100,000/- (Rupees one lakh) with two sureties of the like amount to the satisfaction of the learned Elaka Magistrate in connection with the aforesaid case.

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It is further provided that the petitioner shall regularly participate in the trial if one commences against him and shall not try to influence the witnesses in any manner.

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The Bail Application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Shri Sarat Karmakar v. the State of Assam

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Shri Sarat Karmakar v. the State of Assam

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