1 2025:CGHC:11203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 320 of 2025 1 - Prakash Singh Chouhan S/o Late Bahali Ram Chouhan Aged About 43 Years R/o Village Shyang, Thana Shyang, Tahsil And District Korba, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Shyang, District Korba, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.03/2025 registered at Police Station Shyang, District Korba(C.G.) for the offence punishable under Sections 120-B, 409, 420, 34 of the Indian Penal Code. NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 16:47:38 +0530 2 2. The prosecution's case, in brief, is that on 25.01.2025, the CEO of Janpad Panchayat Korba submitted an application to the Station House Officer, Police Station Shyang, requesting the registration of criminal offences against (i) Chandra Shekhar Manjhwar, (ii) Meghnath Vishwakarma, (iii) the present applicant Lakhan Lal Baiga, (iv) Rajaram Chauhan, (v) Kiran Mahant, and (vi) Prakash Chauhan for alleged criminal breach of trust. It is stated in the application that the accused misappropriated funds from the Pradhan Mantri Awas Yojana (Rural) for the year 2018-19. The matter was investigated by a Zila Panchayat Inquiry Team, which submitted its report on 28.08.2021. Based on this application, the police registered Crime No. 03/2025 on 27.01.2025 under Sections 120-B, 34, 409, and 420 of the Indian Penal Code. According to the report, the accused committed criminal breach of trust by misappropriating funds allotted to beneficiary villagers. The present applicant, being a contractor, is specifically alleged to have misappropriated Rs. 1,20,000/- from beneficiary villager Prabhuram Yadav, while the total misappropriated amount stands at Rs.21,09,500/-. The 3 case is currently under investigation by Police Station Shyang, District Korba (C.G.). 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. The applicant was employed as Rojgar Assistant in village Shyang under Rojgar Guarantee Scheme, however and he was given additional charge under the Pradhan Mantri Awas Yojana for the construction of houses. The competent authority without conducting any inquiry into the matter, has directly got lodged report against the applicant. As per Awas Yojna, the amount is being directly deposited in the account of the beneficiary and there is no role to play by the applicant. The approved house has been fully constructed, therefore, applicant’s case is distinguishable from that of Chandrashekhar Manjhwar, whose bail application bearing MCRCA No. 240 of 2025 was rejected by this Court on 18.02.2025. Applicant, Chandrashekhar Manjhwar, along with five other co- accused, has been accused of misappropriating Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana. He further submits that he has no criminal antecedents and co-accused Lakhan Lal 4 Baiga has already been granted anticipatory bail by this Court vide order dated 20.2.2025 in M.Cr.C.(A) No.258/2025. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case; the fact that applicant has already constructed the house allotted to the beneficiary, in the opinion of this Court, case of the applicant is distinguishable from that of Chandrashekhar Manjhwar, whose anticipatory bail application was rejected by this Court on 18.02.2025, and further considering that the applicant has no criminal antecedents, without commenting anything on merits of case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of applicant – Prakash Singh Chouhan, on executing a 5 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. (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. Certified copy as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE nisha