1 2025:CGHC:10566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 297 of 2025 • Smt. Kiran Mahant W/o Satyanarayan Mahant Aged About 34 Years R/o Village Solnwa, Thana Shyang, Tahsil And District Korba Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through Police Station Shyang, District Korba Chhattisgarh. ... Respondent For Applicant : Mr. Vikash Pandey, Advocate For State : Mr. S.S. Baghel, Deputy GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime 2 No.03/2025 registered at Police Station – Shyang, District- Korba, (C.G.) for the offence punishable under Sections 120-B, 409, 420 and 34 of the Indian Penal Code. 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) Lakhan Lal Baiga, (iv) Rajaram Chauhan, (v) the present applicant Smt. 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 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. He also submits that the applicant is posted as Rojgar Sahayak in the year 2013 at Village Shyang, District Korba and the applicant’s case is distinguishable from that of Chandrashekhar Manjhwar, 3 whose MCRCA No. 240 of 2025 was rejected by this Court on 18.02.2025. As the 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 the present applicant has no criminal antecedents and one of the co-accused, namely, Lakhan Lal Baiga has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 258 of 2025 vide order dated 20.02.2025, therefore, he prays for grant of regular bail to the present applicant on the ground of parity. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant. He fairly submits that the applicant has no previous criminal antecedents. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant’s case is distinguishable from that of Chandrashekhar Manjhwar, whose MCRCA No. 240 of 2025 was rejected by this Court on 18.02.2025, as the 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, further the applicant has no criminal antecedents and further the fact that one of the co-accused, namely, Lakhan Lal Baiga has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 258 of 4 2025 vide order dated 20.02.2025, therefore, this Court is of the opinion that the present applicant is also entitled to be grant of anticipatory bail on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Smt. Kiran Mahant, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- “(a) She 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) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future.” Sd/- (Ramesh Sinha) Chief Justice Priyanka