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2025 DAILYLAW 10716 (CHH)

RAJKUMAR SINHA v. STATE OF CHHATTISGARH

MCRCA/316/2025 · 2025-03-05

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Judgment text

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1 2025:CGHC:10940 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 316 of 2025 Rajkumar Sinha S/o Ramdas Sinha Aged About 60 Years R/o Dakbangla Ward Ward No. 18 Dhamtari District - Dhamtari (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Gangalur District - Bijapur (C.G.) ... Non-Applicant For Applicant : Ms. Pranoti Das, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 06/2025 registered at Police Station – Gangalur District - Bijapur (C.G.) for the offence punishable under Sections 318(4), 316(5) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 24.01.2025, a written report was lodged by Sub-Divisional OfÏcer, Public Works Department, Bijapur to the effect that on 26.05.2010, the Government of India, Road Transport PREETI KUMARI Digitally signed by PREETI KUMARI 2 and National Highway Mantralaya, New Delhi has accorded permission for construction of 2 Lane Road from Km. 29 & 30 2.00 Km on Nelasnar- Kodoli-Mirtur-Gangalur Road under L.W.E. Project, District Bijapur (C.G.) and for construction of said road, the amount of Rs. 73.080 Crore was sanctioned. The tender was floated for construction of the said road and accordingly the road was constructed. Subsequently looking to the need for construction of additional bridge, the second revised administrative permission was granted on 20.09.2021 and the amount of Rs. 188.78 Crore was sanctioned. It is alleged that the substandard construction was done, therefore the said constructed road has been damaged. On the basis of said report, the offences under Sections 318(4), 316(5), 3(5) of Bhartiya Nyay Sanhita, 2023 have been registered against the accused persons including present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the co-accused persons, namely, Gaind Singh Kodopi and Bhushan Lal Dhruw have already been granted anticipatory bail by this Court vide order dated 20.02.2025 passed in MCRCA No. 223/2025 and the applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and the fact that the co-accused persons, namely, Gaind Singh Kodopi and Bhushan Lal Dhruw have already been granted anticipatory bail by this Court vide order dated 20.02.2025 passed in MCRCA No. 223/2025, and further the 3 applicant has no previous criminal antecedents, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajkumar Sinha on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of his adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti