1 2025:CGHC:48401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6724 of 2025 Suresh Chandrakar S/o Jagannath Chandrakar Aged About 42 Years R/o Rautpara Police Station Bijapur Distt. Bijapur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Gangalur Distt. Bijapur (C.G.) ... Respondent For Applicant : Shri Awadh Tripathi, Advocate. For Respondent/State : Ms. Supriya Upasane, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.06/2025 registered at Police Station Gangalur Distt. Bijapur (C.G.) for the offence punishable under Sections 318 (4)BNS (420 IPC), 316 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.22 11:00:24 +0530 2 (5) BNS (409 IPC), 3(5) BNS (34 IPC). 2. Case of the prosecution, in brief, is that on 24.01.2025 a written report was lodged by Sub-Divisional Officer Public Work Department Bijapur to the effect that on 26.05.2010 the Government of India, Road Transport and National Highway Mantralaya, New Delhi has accorded permission for construction of 2 Lane Road from km 29 & 30 =2 km on Nilasnar-Kodoli-Mirtur-Gangalur Road under LWE project according 26 tender floated. Out of 26 tender 17 tenders were allotted to the applicant out of 17 tenders, works of 12 tenders have been completed and completion certificate of such 12 tenders has been issued and 5 allotted works of tender is going on but on the news item of NDTV on 25.12.2024 relating to poor structure of road, so on the same day an inquiry committee has been constituted and behind the back of the applicant on 10.01.2025 one inquiry report has been submitted in which it has been reported on road there is pit mal, top code, seal code and additional quality is not there though the aforesaid irregularity depends upon sale condition and the road has been constructed accordingly for the running of 40 tons heavy vehicle and on the road heavy vehicles of more than 40 tons of weight travels even non- technical has prepared the report initially for construction of the road the amount of Rs.73,080 crores has been sanctioned but subsequently looking to the need for construction of an additional bridge second revised Administrative permission was granted on 20.09.2021 and the amount of Rs.188.78 Crores was sanctioned but the quality of the road is not up to the mark so a FIR has been lodged and accordingly offence under section 318 (4)BNS (420 IPC), 316 (5) BNS (409 IPC), 3(5) BNS (34 IPC) of Bhartiya Nyay Sanhita has been registered and 3 charge sheet has been filed against 9 persons including the applicant. 3. Learned counsel for the applicant submits that the applicant is said to be involved in a case of murder along with his brothers and he has not moved bail in the case under Section 302 IPC. It is further stated by him that in the present case identically situated co-accused persons have been granted regular and anticipatory bail. He would submit that charge sheet has been filed, applicant is in jail since 12/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that in the present case identically situated co-accused persons have been granted regular and anticipatory bail but considering the fact that the applicant alongwith his brothers is involved in a murder case of the reporter, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Suresh Chandrakar involved in Crime No.06/2025 registered at Police Station Gangalur Distt. Bijapur (C.G.) for the offence punishable under Sections 318 (4)BNS (420 IPC), 316 (5) BNS (409 IPC), 3(5) BNS (34 IPC), is rejected. 4 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri