1 2025:CGHC:35847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1094 of 2025 1 - Govind Narayan Singh Tawar S/o Late Shri Chandrabhan Singh Aged About 59 Years Occupation - Government Service (Superintendent Engineer) Rural Engineering Service, Surguja Division, Ambikapur, Originally R/o Village - Khishora, Tahsil - Baloda, District Janjgir-Champa, Presently Residing At Mo. Babupara, P.S. And Tahsil - Ambikapur, District - Surguja (C.G.) 2 - Farhat Khan S/o Shri A K Pathan Aged About 36 Years Occupation - Government Service (Sub-Engineer In The Office Of Superintendent Engineer, Rural Engineering Service, Surguja Division, Ambikapur), R/o Mominpura, P.S. And Tahsil - Ambikapur, District - Surguja (C.G.) 3 - Manas Gupta S/o Late Shri Aniruddha Prasad Gupta Aged About 50 Years Occupation - Government Service (Assistant Engineer, Office Of Superintendent Engineer, Rural Engineering Service, Surguja Division, Ambikapur), R/o Mo. Sadar Road, P.S. And Tahsil - Ambikapur, District - Surguja (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through - The Station House Officer, P.S. - Gandhinagar, District - Surguja (C.G.) 2 - Rohit Singh R/o Besides Chandu Garage, Ward No.-5, Godhanpur, Ambikapur, District - Surguja (C.G.) ... Respondents (Cause title is taken from Case Information System) For Applicants : Mr. N.Naha Roy, Advocate For Respondent/State : Dr. Sourabh Kumar Pandey, Dy. A.G. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:15 +0530 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending their arrest in connection with Crime No.385/2025 registered at Police Station – Gandhi Nagar, District-, Surguja(C.G.) for the offences punishable under Sections 420, 409, 467, 468, 471, 120-B of the Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that the present applicants are holding their posts as explained in the cause title. An online tender bearing No.: 62238 dated 29.07.2019 was issued for construction of boundary wall at Sargawan, Sakalo (Animal Husbandry Dept. PIG Farm), wherein after due participation one M/s. Ashirwad Construction was awarded with the work. After awarding of work an agreement was executed between the Executive Engineer, RES, Division: Ambikapur, Dist.: Surguja (CG) and such firm and on successful completion of the work the payments were made by the office of the Executive Engineer (supra). Pertinent to note that the office of the present applicants is way different from the office of the Executive Engineer and at no point of time they had any connection with the execution or payments made in connection with the work concerned. Much after completion of the work a complaint dated 11.10.2023 was made by the respondent No.2 whereupon a panchnama was prepared recording the present of in-charge Sub- Divisional and the then in-charge Sub-Engineer of the work. The 3 applicant No.1 finding the work improper issued letter dated 15.04.2024 to the Executive Engineer in discharge of his official duty asking to produce the material testing reports and also to explain as top how the material testing reports and also to explain as to how the measurement of colied wire over the boundary wall for Rs.7.17 Lakh was entered into the measurement book. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. He would submit that the applicants being public servants and only instrumental to the inquiry of the work concerned with no connection at all with the award and disbursement of payments for the same being originated and connected with the office of the Executive Engineer exclusively hardly falls within the purview of the complaint and have been impleaded on a random basis on vague allegations of the respondent No.2/complainant without disclosing their role in the commission of alleged crime and investigation and trial are likely to take time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the present applicants are government servants and complainant has no locus to lodged a FIR against the them and also no departmental enquiry has been initiated against the present applicants, investigation and trial are likely to take time, 4 therefore, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Govind Narayan Singh, Farhat Khan, Manas Gupta on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 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 vaishali