1 2025:CGHC:36912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1122 of 2025 1 - Dileep Kumar Patre S/o Shiv Prasad Aged About 40 Years Gram Panchayat Secretary Bandha, R/o Bargan Chowki Junapara, Police Station Takhatpur, Bilaspur (C.G.) 2 - Ritesh Shriwas S/o Harakram Aged About 36 Years Rojgar Sahayak Gram Panchayat Bandha, R/o Bandha Chowki Junapara P.S. Takhatpur, District Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer, Police Station- Takhatpur, District- Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Ankit Singh, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.07.2025 1. The applicants have preferred the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.334/2025, registered at Police Station – Takhatpur, District – Bilaspur(C.G.) for the alleged commission of offence punishable under Sections 420 & 34 of IPC 1860. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:04:05 +0530 2 2. As per prosecution story in brief is that the complainant Sunil kumar Tiwari (development extention officer Janpad Panchayat officer Takhatpur) has lodged report before the police station takhatpur and stated that the Rajesh sonwani, Dileep Kumar Patre wal Ritesh shriwas have alleniated the fund which has been issued to the beneficiaries but aforesaid accused have given 6,70,000 rupees the entire amount to the non-beneficiaries persons by the defrauding the beneficiaries, and during the investigation the police has found that the applicant with co-accused have misappropriated 1,20,000 from Rajesh sonwani, 1,20,000 rupees from saraswati barman, keher shrivas 95,000 rupees, 96,000 rupees from the account of ragini sonwani, 1,20,000 rupees from sarojni banjare and 1,20,000 from gangotri patre and total 6,70,000 rupees from the govt. fund misappropriated and the applicants along with co-accused have taken the Aadhar no, and account no. they have misappropriated the fund to the non-beneficiaries instead of beneficiaries therefore they have committed the said offence and the copy of the f.L.R No 334/2025 has been filed herewith as ANNEXURE A/2. 3. The applicant is innocent and has been falsely implicated in a criminal. The applicants respectfully submit that Applicant No. 1 is the Panchayat Secretary of Bandha and Applicant No. 2 is the Rojgar Sahayak, and the alleged offence pertains to the period from 29.07.2022 to 13.09.2023, while the FIR has been lodged belatedly on 01.07.2025. Applicant No. 1 assumed charge after the grant under the Pradhan Mantri Awas Yojana had already been issued and had no role in the approval of beneficiaries. A show cause notice dated 02.06.2025 was duly replied to by Applicant No. 1, clarifying that the 3 selection of beneficiaries occurred prior to his appointment (Annexure A/3). The beneficiary list was finalized during the Gram Sabha meeting on 13.09.2023 by the then Panchayat Secretary and Sarpanch, listing 178 individuals, but it is alleged that the CEO of Janpad Panchayat and Awas Mitra later altered the list and disbursed funds to ineligible persons (Annexure A/4). The applicants have not received any financial benefit, and notably, the actual recipients of the funds have not been named as accused, hence he prays to enlarge the applicants on bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicants, are allegedly involved in a fraud, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence, and also taking into account the fact that the applicants/accused in collusion with other co- accused persons, have fraudulently shown individuals namely Rakesh Kumar S/o Kanhaiya, Saraswati Maravi, Ramphal Porte, Laini Bai, Soni Devi Agarwal, and Gangotri Yadav as beneficiaries, and have obtained their bank accounts and Aadhaar numbers to commit financial irregularities involving misappropriation of government funds to the tune of Rs. 6,70,000/-, I am of the considered opinion that the allegations are of a serious nature. Accordingly, I am not inclined to grant anticipatory bail to the applicants 7. Accordingly, the anticipatory bail application of the applicants – Dileep Kumar Patre & Ritesh Shriwas, involved in Crime 4 No.334/2025, registered at Police Station – Takhatpur, District – Bilaspur(C.G.) for the alleged commission of offence punishable under Sections 420 & 34 of IPC 1860, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav