The case established that the project in-charge's responsibility for safety measures during construction and the severity of the accusation are crucial factors in determining the grant of anticipatory bail.

ORDER :

1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR being No.11195034230811 of 2023 registered with Palanpur East Police Station for the offences punishable u/s 304, 427, 114 of the IPC.

2. Brief facts of the case are as under:-

2.1 That the construction work of bridge was going on the railway line which is passing from Palanpur Old RTO Circle to Ambaji road the work of the new bridge is allotted and done by the Company namely GPC Infrastructure Ltd (in short "the Company").

2.2 That the directors of the the Company are 1. Ganeshbhai Parthibhai Chaudhary, 2 Parth Ganeshbhal Chaudhary, 3. Daljibhai Parthibhai Chaudhary, 4. Mahendra Ghemarbhai Chaudhary, (appears that the name has been incorrectly mentioned in the FIR, the correct name is Mahendra Ghemarbhai Patel), 5. Vipulbhal Daljibhai Chaudhary, 6. Doliben Ganeshbhai Chaudhary, 7. Takhiben Daljibhai Chaudhary as well as 8. Jalmaram Vanzara was the testing engineer, 9. Sanibhal Mewada and 10. Hardik Parmar and 11. Naman Mewada were the site engineer appointed by the the Company at the construction of bridge.

2.3 That the other persons who were found negligent in the supervision of the construction work of the bridge and for the work approach of girders (beam) placed on the bridge is in progress, as it fell on road due to the negligence two person have been died by not keeping barricades as well as traffic marshal under the bridge where construction work was going on and despite knowing that by keeping negligence in work may result in the death of someone.

2.4 That the complainant is a deputy executive engineer serving in National Highway Division, posted at Idar District Sabarkantha. It is further alleged that on 23.10.2023 the complainant was on leave during which approximately around 03:00 PM his friend Mr. SM.Patel who is posted as deputy executive engineer informed the complainant on the call that the bridge which built on the railway line near to Palanpur Old RTO Circle to Ambaji has been damaged, On which complainant called the petitioner herein for taking information, that on call he revert that today approximately in between 2.00 PM to 03:00 PM approach girder topple/fallen and the incident was occurred, on which complainant informed his superior officer who is executive engineer at Ahmedabad in National Highway Division namely Sirishkumar A Sinh about the incident and in evening hours complainant came to Palanpur where the officers of the committee which was constitute by the state government in regards to the topple of the approach girder were present and along with them the complainant went to the place of incident, on the way of Palanpur Old RTO Circle to Ambaji on National Highway Road No. 58 from the railway line north towards on the bridge over the DP. 11 to R.P 03 where Six horizontal girders (beams) were found to be toppled down and particles of the cement concrete of the said girders (beams) were lying on the spot as well as a tractor and a rickshaw were crushed in it and it seems that some damage was caused to them and in the said incident due to topple of girders of the bridge girders two persons (1) Mayurbhai Mohanbhai Chandrethia and (2) Ajay Khodidas Shrimali died due to topple/fallen of girders on them.

2.5 That construction of the new bridge being ROB with Approaches in lieu of LC no.165, of Ahmedabad-Palanpur (IR Ch-650/2-3) between Rly station - Karjoda & Palanpur NH-58 on EPC mode under NH(O) In the state of Gujarat. (Job No.0 58-GJ- 2020-21-635) site work was allotted to the Company by approving Tender No. 1D-2020 Mo RTH_581300_1 on Rs.89,14,13,300/ and the directors of the said Company are (1) Ganeshbhai Parthibhai Chaudhary (2) Parth Ganeshbhai Chaudhary (3) Daljibhai Parthibhai Chaudhary (4) Mahendrabhai Ghemarbhai Chaudhary (5) Vipulbhai Daljibhai Chaudhary (6) Doliben Ganeshbhai Chaudhary (7)