1 2025:CGHC:45648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1346 of 2025 • Raj Jaiswal Partner Balaji Infrastructure S/o Late Shri Deenanath Jaiswal (Aged About 38 Years) R/o Ward No No.6, Mohalinebhatha Katghora District- Korba (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Civil Lines Rampur District- Korba (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Ms. Juhi Jaiswal, Advocate For Respondent/State : Mr. Jitendra Shrivastava. Government Advocate and Mr. Amit Verma, Panel lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who is apprehending his arrest in connection with Crime No.501/2025 registered at Police Station-Civil Lines, Korba District- Korba (C.G.) for the offences punishable under Sections – 409, 120-B & 34 of IPC. 2. As per the case of the prosecution, an FIR concerning the incident was registered, inter alia, based on a complaint lodged by one Mr. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.09 17:42:53 +0530 2 Shrikant Kesar, (Assistant Commissioner), Tribal Development Department, District-Korba (C.G.) stating therein that, the present applicant identified as the partner Balaji Infrastructure and other accused firms, had been awarded work orders for the renovation of hostels and asharams during the year 2021-2022 through notice inviting Tenders (NITs.). As per the FIR due to the unavailability of documents pertaining to the said tenders within the department an inquiry was initiated by a team constituted under the Superintendent of the Chief Executive Officer, Panchayat, Korba (C.G.), wherein certain works executed by the accused firms were substandard and did not appear to correspond to the claimed expenditure of Rs.80 Lakhs collectively. Consequently, as per the FIR the accused firms including the present applicant, were served with a notice requiring rectification of the work executed in the year 2021-2022 in accordance with the terms of the agreement, within a period of one month. It is further the story of the prosecution that, despite one month notice, the said work was not completed by the accused firms as per the standards of the agreement. Therefore, an FIR has been registered against the applicant. 3. Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in the present case. It is argued by learned counsel for the applicant is that Notice Inviting Tenders (NIT) were duly issued by the Assistant Commissioner, Tribal Development, Korba (C.G), pertaining for renovation works of various ashram and hostels located within District-Korba (C.G.). The applicant herein, participated in the subsequent tender procedure and awarded work orders in strict adherence to the terms and conditions stipulated within the governing agreement. He also 3 submits that FIR has been lodged against the present applicant with malafied intentions, the allegations made in the FIR are vague, omnibus and without any ingredient of criminality. The present applicant has acted as per the terms of the agreement and the said inspection and allegation is not substantiated by any technical report or prima facie evidence, which could proof that there was deficiency of service or substandard in work done by the applicant two years back. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is 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, submissions made by learned counsel for the parties and also considering the fact that there is a delay in lodging FIR against the present applicant and investigation and trial are likely to take time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Raj Jaiswal, 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) he 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. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali