1 2025:CGHC:979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1502 of 2024 Shashibhushan Bariha S/o Shri Lingraj Bariha Aged About 34 Years Occupation- Service Posted As Assistant Grade -Iii, At Govt. Agriculture College And Research Station Fingeshwar, Distt.- Gariyaband, C.G. , Permanent R/o Village- Dumarpali, Post- Balouda, Tahsil- Saraypali, Distt. Mahasamund, C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Sankra, Distt. Mahasamund, C.G. ---- Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant : Mr. S.S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.164/2024 registered at Police Station Sankra, District - Mahasamund (C.G.) for the offence punishable under Section 420/34 of IPC. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that the complainant namely Chandraprakash Manhar CEO Janpad Panchayat Pithoura lodge the report before the Police Station Sankra with the averment that in the year 2020-21, the Pradhanmantri Awas was sanctioned in the name of Smt. Premshila W/o. Harihar Bank, R/o. Village Utekel but the Sarpanch of gram panchayat with the help of Secretary sent the details of another women of the same name Smt. Premshila W/o. Vikas Bank the name and surname of the both candidates is same and the amount has been disburse so on the basis of the aforementioned offence has been registered against the Sarpanch, Secretary, Rojgar Sahayak of the gram panchayat Utekel and the Data Entry operator of Janpad panchayat i.e. present applicant and Police sought to arrest the applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has not committed the alleged offence. He further submits that the present case only for the purpose to save the Technical Assistant as well as Block coordinator who have visited the side and disburse the amount of the installment under the scheme. The applicant was working as Contract employee in the Janpad Panchayat Pithoura from December 2019 to August 2023 and the work of the computer operator to feed the data in computer provided by the Gram Panchayat, the data entry operator did not have any job to verify the benefisharies of the scheme or to sanctioned the Awas in any 3 name. He further submits that the Sarpanch as well as the Secretary or the person who have committed the mistake by changing the husband name of the beneficiaries and sent the data to Janpad panchayat which was verified by Technical Assistant as well as Block coordinator of the Janpad Panchayat but the name of the applicant has been roped as he has resign the job from the Janpad panchayat and he was the contract employee at that time. The FIR has been lodged making general allegations against the applicant saying that the entry has been made by the present applicant though the date has been supplied by the Gram Panchayat which was registered by the applicant after verification of the Awas Officer. If the contents of the FIR are seen then no offence is made out and no ingredients of Section 420 IPC are fulfilled. He also submits that there is an ordinate delay in lodging the FIR because as per the report the incident was taken place 2020-2021 and report is made on 10.12.2024 there is no explanation of delay lodging the report. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it transpires that in the year 2020-21, the Pradhan Mantri Awas Yojana was sanctioned in the name of Smt. Premshila, wife of Harihar Bank, a resident of Village Utekel. However, the Sarpanch and Secretary of the gram panchayat wrongly sent the details of another woman to the present applicant, who is a data 4 entry operator, with the same name, Smt. Premshila, wife of Vikas Bank, resulting in the disbursement of funds to the incorrect beneficiary. Hence, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and further the fact the present applicant is a government servant and has no criminal antecedent moreover, there is an inordinate delay in lodging the FIR for which no explanation has been offered by the other side, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shashibhushan Bariha, on executing a personal bond with 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 5 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal