ORDER

Date : 07-11-2022 Heard Mr. S.C. Das, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Shahnawaz Ahmed has approached this Court seeking the benefit of pre- arrest bail, apprehending his arrest, in connection with Bhangagarh Police Station Case no.

244/2022 registered under Sections 323/417/436/427, Indian Penal Code [IPC].

3. In the First Information Report [FIR] lodged in connection with Bhangagarh Police Station Case no. 244/2022, it is stated that in the RCC Building located on the G.S. Road, covered by Dag no. 302 & Patta no. 51 and belonging to the family of the informant, the father of the petitioner viz. Late Sheikh Sultan Ahmed was inducted as a tenant originally. After the demise of his Late Sheikh Sultan Ahmed, the petitioner became the tenant of a shop premises located in the building as the legal heir of the original tenant. The shop is rented out for the purpose of running a sweet shop.

3.1. In the FIR, the informant has inter alia alleged that the petitioner for the purpose of running his business, used to stock domestic gas cylinders inside the shop premises, in a rash and negligence manner endangering the lives of the neibouring tenants, customers and landlords. As a result of stocking domestic gas cylinders inside the shop, resulted in a massive fire and cylinder explosions on 20.08.2022. The fire had to be dowsed by carrying out a major fire fighting operation and in the process, goods worth several lakhs were damaged and the properties of the landlord and neigbouring tenants were damaged. In the FIR, the informant has also alleged about physical assault on him and his family members, when they objected the petitioner from removing the remains from inside the shop after the fire. According to the informant, the petitioner had sought to remove the remaining goods from inside the shop in order to destroy the evidence of his wrongdoing.

4. The offences under Sections 323/417/427, IPC are bailable in nature. Only the offence under Section 436, IPC is non-bailable in nature.

5. It is the submission of Mr. Das, learned counsel for the petitioner that the allegations in the FIR does not attract the ingredients of the offence under Section 436, IPC and the fire, at best, could be attributed to an act of negligence on the part of the petitioner.

6. The learned Additional Public Prosecutor has produced the case diary. It is submitted by him that after registration of the FIR, the petitioner is at large. In the case dairy, no injury reports are found available.

7. Having regard to the allegations made in the FIR and more particularly, the ingredients of the offence under Section 436, IPC which prima facie are found to be absent in the FIR, this Court is of the considered view that custodial detention of the petitioner is not necessary for the purpose of carrying out further investigation into the case and his release on pre-arrest bail, at this stage of investigation, is unlikely to bring any prejudicial effect in the course of further investigation, provided he extends his assistance and co-operation in the further investigation of the case by joining the investigation.

8. Accordingly, it is provided that in the event of arrest of the petitioner viz. Shahnawaz Ahmed in connection with Bhangagarh Police Station Case no. 244/2022, he shall be released on bail on furnishing a bail bond of Rs. 25,000/- with two local sureties of the like amount, to the satisfaction of the arresting authority, subject to the conditions that :

[i] the petitioner shall appear before the Investigating Officer [I.O.] of the case within 10 [ten] days from today and shall cooperate with the investigation and shall thereafter, make himself available as and when his presence is required by the I.O. in the investigation of the case;

[ii] the petitioner shall not, directly or