1 2025:CGHC:16188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 472 of 2025 R.B. Patel S/o Loknath Patel Aged About 62 Years R/o Behind Anurag TVS Agency, Chitalanka, Dantewada, District Dantewada Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kirandul, District Dantewada Chhattisgarh. ... Respondent For applicant : Shri Vaibhav P. Shukla, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.11/2025 registered at Police Station – Kirandul, District Dantewada (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 409, 120-B of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.09 11:32:26 +0530 2 3. Case of the prosecution, in brief, is that Awadhesh Singh Gautam, Contractor, was awarded a contract of Rs 357.30 lakh for the construction of 3 1½ kilometers of road from Madkamiras to Hiroli Health Center and 3½ kilometers from Hilori Health Center to Dokapara at a rate of 10.10 percent above the SOR. The total cost of this road construction was proposed to be 2/6 Rs 473.43 lakh. The irregularities in this road construction were investigated by the investigation committee constituted by Collector Dantewada, in which it was found that the contractor had deliberately not followed the conditions of the tender and received extra payment. The Sub-Engineer was found to have made wrong entries in the measurement book. The Assistant Engineer made the payment negligently without supervision. In the investigation, it was found that an entry of Rs. 4,27,26,441/- was found in the bill measurement book, out of which Rs. 3,55,82,055/- was wrongly paid to the contractor. Shoulder work has been done by cutting the soil near the road. The investigation committee has recommended to recover Rs. 2,01,06,117/- from the applicant Awadhesh Singh Gautam and blacklist him and investigate his other construction works. On the written complaint of Assistant Engineer Rakesh Kumar Nagesh, Police Station Dantewada has registered Crime No.11/2025 against the applicant and others under Sections 420, 467, 468, 471, 409, 120 (B) IPC and investigation proceedings are underway. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is Assistant Engineer working in PWD Department. He further submits that co-accused Awadhesh Singh Gautam who is a Contractor has already been granted anticipatory bail by this Court in MCRCA No.327/2025 on 06/03/2025. He would further submit that recovery order issued against the co-accused Contractor Awadhesh Singh Gautam has 3 been quashed by the co-ordinate bench of this Court in WPC No.436/2025 on 05/03/2025. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and he would submit that co-accused Awadhesh Singh Gautam who is a Contractor has already been granted anticipatory bail by this Court in MCRCA No.327/2025 on 06/03/2025 and also recovery order issued against the co-accused Contractor Awadhesh Singh Gautam has been quashed by the co-ordinate bench of this Court in WPC No.436/2025 on 05/03/2025. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that co-accused Awadhesh Singh Gautam who is a Contractor has already been granted anticipatory bail by this Court in MCRCA No.327/2025 on 06/03/2025 and also considering the fact that recovery order issued against the co- accused Contractor Awadhesh Singh Gautam has been quashed by the co-ordinate bench of this Court in WPC No.436/2025 on 05/03/2025, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – R. B. Patel, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he 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 4 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 along with a coloured 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 gouri