ORDER :

1. Rule. Learned APP waives service of Rule on behalf of Respondent No. 1 State of Gujarat.

SUBMISSIONS OF THE APPLICANT

2. By way of the present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant – accused has prayed to release him on Anticipatory Bail in the event of his arrest in connection with the FIR being C.R. No.1214046251373 of 2025 registered with Palsana Police Station, Surat Rural for the offences punishable under Sections 105, 106(1), 110, 125(a) & (b), and 54 of BNSS Act.

3. Ld. Advocate for the Applicant Ms. Shah has submitted that Santosh Textile Limited is engaged in textile processing and dyeing activities. It is stated that the factory premises comprise multiple operational sections, including a drum washing department wherein large industrial drum washers are utilized for treatment of fabrics. It is further contended that the present Applicant, though a Director of the Company, is not involved in the day-to-day functioning or operational management of the business.

4. It is the case of the Applicant that an unfortunate incident occurred on 1st September 2025, when drum washer No. 10 suddenly burst, resulting in the expulsion of hot water and metallic fragments. The said fragments struck a worker present in proximity, and components of the drum were scattered across the factory floor. It is further submitted that approximately one and a half hours after the said incident, a fire broke out within the factory premises. As a consequence, two workers initially succumbed to their injuries, and during the course of subsequent medical treatment, nine additional workers lost their lives, thereby resulting in eleven fatalities and thirteen injured persons.

5. It is further submitted that, following the incident, the local police registered the case treating the same as an industrial accident arising out of operational negligence. A complaint came to be lodged by one of the injured workers, detailing the sequence of events leading to the incident, including the sudden opening of the flange of the drum and the resultant casualties. It is further contended that, as per the said Complaint, at the relevant time, the responsible officers of the Drum Department were not present near the machine, and the operator of drum No. 10, namely Mr. Anmol Sahu, had moved to another section of the mill, leaving the drum in operation unattended. It is alleged that the consequent rise in pressure and temperature led to the explosion.

6. It is further submitted that the initial First Information Report came to be registered against three accused persons, namely: (i) Mr. Anmol Sahu, operator of drum Nos. 6 and 10; (ii) Mr. Alpeshbhai Tarabhai Patel, Supervisor of the Drum Department; and (iii) the responsible officers of Santosh Textile Mill’s Drum Department, for offences pertaining to negligence and causing accidental death.

7. It was stated that thereafter, investigation was undertaken by the Investigating Officer of Palsana Police Station, who carried out site inspection and recorded statements of workers, supervisors, and management personnel. During the course of investigation, the agency sought to ascertain the exact cause of the explosion and, for such purpose, called upon the Factory Inspector as well as officials of the Forensic Science Laboratory (FSL) to examine the site and the remnants of the drum washer.

8. It is further submitted that on 13th September 2025, a supplementary report came to be filed by the Investigating Agency, wherein three additional persons were arraigned as accused, namely: (i) Mr. Mukund Mohanlal Khaitan, Director of Santosh Textile Mill; (ii) Mr. Kanaiyalal Pokarmal Chaudhary, Manager of the Maintenance Department; and (iii) Mr. Bipin Vishwanath Chobe, Maintenance Fitter of the Mill. It is stated that upon examination of drum washer No. 10, corrosion was noticed on the flange/moulded flange attached to both the cell-end side and the dise-end si