1 2025:CGHC:18582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 572 of 2025 1 - Chandrashekhar Manjhwar S/o Ramprasad Aged About 35 Years R/o Karmukha, District Korba Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Shyang, District Korba Chhattisgarh. ... Non-applicant For Applicant : Mr. T.R. Patel, Advocate For Non- applicant/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.04.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested 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 and 34 of the Indian Penal Code (In VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:47 +0530 2 short, IPC). 2. Case of the prosecution, in brief, is that on 27.01.2025 by the complainant alleging that the applicant, who was posted as Awas Mitra along with other co-accused defrauded account holders of the Pradhan Mantri Awas Yojna in Gram Syand, District – Korba. The alleged incident took place in 2018-19 but the FIR was registered only in 2025 against the applicant and others for cheating. Hence, these applications. 3. First bail application of the applicant was rejected by this Hon’ble Court vide order dated 18.02.2025 passed in MCRCA No.240/2025. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the applicant is a victim of a criminal conspiracy orchestrated by antisocial elements, and the present FIR is a result of previous enmity. The applicant, who is the Sarpanch, was never posted as Awas Mitra of Block Syang. His appointment order, dated 14.09.2017, clearly states that he was posted as Awas Mitra of Village Kolga. Moreover, he was later removed from the post, as evident from the FIR. In 2018, when the alleged fraud took place, the applicant was not serving as Awas Mitra of the said village. He further submits that the applicant has not received any consideration amount, and no funds from the account holders have been transferred to the applicant's bank 3 account. Therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the present applicant along with five other co-accused persons, has been accused of misappropriating Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana. It is alleged that they took the sanctioned amount from the beneficiaries, assuring them that their houses would be completed, but instead, they fraudulently conspired to embezzle the funds. Therefore, he is not entitled for grant of anticipatory bail in the present matter. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the present applicant along with five other co-accused persons, has been accused of misappropriating Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana, and they took the sanctioned amount from the beneficiaries, assuring them that their houses would be completed, but instead, they fraudulently conspired to embezzle the funds, therefore, I am not inclined to grant anticipatory bail to the applicant. 4 8. Accordingly, this second bail application of applicant – Chandrashekhar Manjhwar involved in Crime No. 03/2025 registered at Police Station – Shyang, District –Korba (C.G.) for the offence punishable under Sections 120-B, 409 and 34 of the IPC, is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali