Regular bail may be granted after a charge-sheet is filed in cases of structural failure where the court finds the incident to be a matter of professional negligence rather than criminal cheating, and where financial restitution is being pursued.

ORAL ORDER

1. The applicant who has been mentioned as accused no.2 in the FIR which came to be registered with Mandvi Police Station, Surat, vide Part-A FIR No.11214032260040 of 2026, has preferred the present application under Section 483 of the BNSS, 2023 , praying for regular bail. The applicant is shown as accused no.2 in charge-sheet, which came to be filed before the concerned competent Court. The applicant is the contractor who was given the contract of construction of overhead water-tank, along with accused no.1.

2. The FIR in question came to be lodged by the Superintending Engineer, Gujarat Water supply and Sewerage Board (hereinafter referred as ‘GWSSB’ for short), alleging that a 15 meter high overhead water tank having a capacity of 9 lakh liters collapsed on 19.01.2026, near Tadkeshwar Village during the execution of a government water supply project. It is alleged that, the said collapse of overhead water tank resulted in injuries to three persons, and caused financial loss to the Government, as the tank had collapsed prior to being put to public use. Pursuant to the said FIR having been registered, the applicant herein along with other co-accused came to be arrested.

3. Heard learned Senior Advocate Mr.N.D.Nanavati assisted by Mr.Nirad Buch learned advocate for the applicant. Mr.Nanavati has reiterated the averments of the application. He would submit that, considering the role attributed to the applicant, and nature of the allegations levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further contended that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail. Learned advocate upon instructions submits that the applicant will remain within the State of Gujarat during the trial.

4. As against the same, learned Additional Public Prosecutor appearing for the respondent – State has vehemently objected to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.

5. I have heard learned advocates appearing on behalf of the respective parties and perused the charge-sheet papers. Following aspects are considered:-

i. The applicant is a permanent resident of Mehsana hence, would be available at the time of trial.

ii. The applicant has one criminal antecedent, wherein, he has been granted bail by the concerned competent Court.

iii. The investigation being over, charge-sheet has been filed.

iv. As per the prosecution case, the applicant’s father’s company Joint Venture of Babubhai Ambalal Patel along with Jayanti Super Construction private Limited was awarded contract by Gujarat Water Supply & Sewerage Board for “Design, Build, Trial Run Contract For Construction Of 13 mld wtp @ Tadkeshwar HW, RCC U/G Sump, RCC ESR, Pump House & Providing, Supplying Lowering, Laying & Jointing Rising Main & Gravity main Pipeline & Supplying, Testing & Commissioning of Pumps With Associated Mechanical and Electrical Equipments Instruments and Accessories with Operation & Maintenance of All type Civil & Mechanical Structures, Machinery & Pipeline Network for 5 Yrs. Under Augmentation of Gaypagla Regional Water supply of Kamrej, Mandvi, Mangrol and Olpad Taluka of Surat District