Prahlad Gogoi 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 Halwating 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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That the aforesaid Halwating P.S. Case No. 18/2025, was instituted on the basis of a written FIR dated 17.12.2025, lodged by one Bhabananda Bora before the Officer-in-Charge, Halwating Police Station inter alia stating presence of crude oil over the soil surface above a 14' Trunk pipe line (TPL) going from Geleky Central Tank Farm (CTF) to Jorhat at village Kharengi (near Kharangi High School). It is further alleged that a black colour pipe (similar to petrol pump hose) was observed on the surface of the earth and the other end of the pipe was buried on the ground and was not visible. On such FIR being filed, the Halwating Police registered the case as Halwating P.S Case No. 18/2025, under Sections 61(2)/303(2) of the Bharatiya Nyaya Sanhita, 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

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Right of User in Land) Amendment Act, 2011.

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Learned counsel for the petitioner has submitted that the present petitioner, namely, Prahlad Gogoi is nowhere connected with the alleged offence. It is stated by reference to the forwarding report that no specific allegation alongwith 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 learned Additional Public Prosecutor has objected to the prayer for bail as the charge sheet has already been submitted.

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Having regard to the submission of learned counsel for the petitioner and also upon perusal of the documents referred to above, as well as the period of detention, this Court is inclined to release the petitioner on bail.

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Accordingly, it is directed that the petitioner namely, Prahlad Gogoi, 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

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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

Prahlad Gogoi v. the State of Assam

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Prahlad Gogoi v. the State of Assam

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