1 2025:CGHC:54915 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1745 of 2025 Lambodar Kaushik S/o Komal Prasad Kaushik Aged About 31 Years R/o Housing Board Colony Urga, Tahsil And District Korba, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through Police Station Shyang, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate For Non-applicant : Ms. Supriya Upasne, Government Advocate S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 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 420, 409, 120-B, 34 of the Indian Penal Code, 1860. 2. The prosecution case 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) 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 2 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 coordinator, 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 and has falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Prakash Singh Chouhan preferred an anticipatory bail application bearing M.Cr.C.A. No. 320 of 2025 before this Court, in which the the co- accused persons have been granted the benefit of anticipatory bail. Hence, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant is the coordinator who, along with co-accused persons have misappropriated Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana. She submits that the case of the applicant is distinguishable on facts to that of the case of the co-accused Prakash Singh Chouhan. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Prakash Singh Chouhan preferred an 3 anticipatory bail application bearing M.Cr.C.A. No. 320 of 2025 before this Court, in which the the co-accused persons have been granted the benefit of anticipatory bail vide order dated 06.03.2025, as such, 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 – Lambodar Kaushik, 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 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/-/-d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY