ORDER :

UTKARSH THAKORBHAI DESAI, J.

1. The applicant who is apprehending arrest at the hands of CID Crime Vadodara Zone Police Station for the offence which came to be registered vide Part-A I CR No. 11201005250003 of 2025 dated 22.06.2025, under sections 406, 409, 420, 467, 468, 471, 474, 114 and 120-B of the IPC and Sections 13(1)(a), 13(1)(b), 13(2), 7(a) of Prevention of Corruption Act, has preferred the present application praying for anticipatory under section 482 of the BNSS, 2023.

2. Heard learned advocate Mr. Narendra K. Amin assisted by learned advocate Mr. Mukesh Sudarshan, for the applicant. As mentioned in the bail application, the applicant is a proprietor of a registered firm namely Chirag Rig Services, and is carrying on business as government approved contractor, and is involved in water supply project conducted by Water and Sanitation Management Organization (WASMO). It was submitted that, WASMO is merely a tender-approving authority appointed by the State of Gujarat, whereas, the Water Committee of the respective Village Panchayat is authorized to issue work orders, supervise the work, and make payments. It is further submitted that, the project work was carried out under the direct supervision of the concerned Village Water Committee.

2.1 It is further submitted that, during the years 2021 to 2023, Chirag Rig Services was awarded contracts in different villages of Mahisagar District under the “Nal Se Jal” scheme and that the work orders were issued by the respective Village Water Committees, after approval of tenders by WASMO. It is submitted that, the Talati is the signatory authority at the village level.

2.2 It is further submitted that, the applicant was never allotted any contractual work for Undra and Govindpur Bariya villages and that false and fabricated facts have been stated in the FIR.

2.3 It is further submitted that, WASMO was not directly privy to the contract with the applicant and that, the applicant had entered into contracts with the respective Village Water Committees. According to the submissions, the work executed by the applicant was duly supervised, measured, verified on site, and completion certificates were issued, before initiation of the payment process.

2.4 It is also submitted that, all the measurements of the work completed were taken and maps were prepared and joint measurements were also taken by both the parties and were sent for approval of the WASMO, and after complete cross- verification having been done, bills were prepared by the department.

2.5 It has also been submitted that, recovery notices issued by WASMO were vague and without detailed particulars, compelling the applicant to file Special Civil Application No. 15913 of 2024 before the Hon’ble High Court of Gujarat.

2.6 It is also submitted on behalf of the applicant that, the department had remained silent for two years and had not released his outstanding dues despite repeated follow-ups, and then, all of a sudden had passed absolutely wrong and illegal orders of not only blacklisting the applicant's firm along with 110 other firms for indefinite period, but, had also made an attempt to recover the amount more than what was paid to the applicant's firm, against the execution of the works, which were awarded by the way of contract.

2.7 It is also submitted that, the applicant was neither given any chance to put up his defence nor a prior notice was given to him before issuing the recovery notice. However, the order of blacklisting and recovery was challenged by the applicant as well as other contractors before the High Court and all the orders of recoveries were set aside whereas, the order of blacklisting the applicant's firm and other firms was voluntarily revoked by the department.

2.8 It is submitted that, the applicant was served with a fresh notice whereby, he was called at Gandhinagar and that, he had submitted all the relevant documents and bills with the department, and he was assured that his balance amount would