1 2025:CGHC:8937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 223 of 2025 1 - Gaind Singh Kodopi S/o Ranjan Singh Kodopi Aged About 58 Years R/o Narharpur, Police Station Narharpur, District North Bastar Kanker Chhattisgarh. 2 - Bhushan Lal Dhruw S/o Late Sahdev Ram Dhruw Aged About 62 Years R/o Village Paikbhatha, Tahsil Nagri, District Dhamtari Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Gangalur, District – Bijapur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their 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 the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that on 24.01.2025, a written report was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 lodged by Sub-Divisional OfÏcer, Public Works 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 Land 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 according 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 have been registered against the accused persons including present applicants. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case. It is submitted that the applicant No.1 has been suspended and the applicant No.2 has been retired from their duty, and as per the suspension order of the applicant No.1 which has been annexed in page No.21 of the bail application goes to show that some irregularities have been committed by the applicants and other persons while in discharge of his ofÏcial duty, as they failed to monitor the construction of the road where it is alleged that certain substandard material was used in the road. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail 3 in this case. 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 from the perusal of the case diary it transpires that the applicant No.1 has been suspended and the applicant No.2 has been retired from their duty, and as per the suspension order of the applicant No.1 which has been annexed in page No.21 of the bail application goes to show that some irregularities have been committed by the applicants and other persons while in discharge of his ofÏcial duty, as they failed to monitor the construction of the road where it is alleged that certain substandard material was used in the road, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Gaind Singh Kodopi and Bhushan Lal Dhruw on executing a personal bond with 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 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. 4 (d)The Applicant and the surety shall submit a copy of their 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar