1 2025:CGHC:14364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 405 of 2025 Meghnath Vishwakarma S/o Bhanwar Say Aged About 45 Years R/o Village Simkeda, Thana Shyang, Tahsil And District Korba, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Shyang, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikas Pandey, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 25/03/2025 1. This anticipatory bail application under Section 482 of the Bharatiya 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 120B, 409, 420, 34 of IPC. 2. Prosecution case in brief is that on 27.01.2025, the FIR was lodged before the concerned police station by the complainant Devanand Shriwas against the accused persons i.e. (i) Chandra Shekhar Manjhwar, (ii) the present applicant Meghnath Vishwakarma, (iii) KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 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 case is currently under investigation by Police Station Shyang, District Korba (C.G.). 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. He further submits that the applicant is Raj Mistri at village Simkeda and he is a daily wage employee and the applicant has not received any amount regarding Pradhanmantri Awas Yojna in his account except his labour work. He further submits that in Pradhanmantri Awas Yojna, the amount is deposited directly in the beneficiary account, in which there is no question of any kind of corruption or irregularity and it is completely wrong to say that Pradhanmantri Awas Yojna is incomplete and entire amount has been withdrawn by the applicant. The approved house has been fully constructed, no irregularity has been 3 committed by the applicant in the present crime. He also submits that after 5 years of incident FIR has been registered and there is no explanation about delay in lodging the FIR and further the other co- accused person namely Lakhanlal Baiga, Smt. Kiran Baghel and Prakash Singh Chouhan have been granted anticipatory bail by this Court in same crime number and other co-accused person namely Chandrashekar whose anticipatory bail application has been rejected by this Court. According, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant and submits that the present applicant in connivance with other co-accused persons, misappropriated Rs. 12,00,000/- the amount sanctioned under the Pradhan Mantri Awas Yojana, by assuring the beneficiaries to complete the construction of their houses and deceiving them. This fraud was committed against 15 beneficiaries. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and further the fact that the applicant being a Mason and in the present case, the co-accused namely Lakhan Lal Baiga, Smt. Kiran Mahant, Prakash Singh Chouhan, have already been granted anticipatory bail by this Court being MCRCA No. 258/2025, MCRCA No.297/2025, MCRCA No. 320/2025, vide its order dated 20.02.2025, 04.03.2025, 06.03.2025 respectively and the 4 case of the applicant is better than the case of co-accused namely Chandrashekhar Manjhwar, whose anticipatory bail application has been rejected by this Court in MCRCA No. 240/2025, vide order dated 18.02.2025 as such, this Court is of the view that the present applicant is entitled to be released on 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 – Meghnath Vishwakarma on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal