Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:8382
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 240 of 2025 Chandrashekhar Manjhwar S/o Ramprasad Aged About 35 Years R/o Karmukha District Korba.
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Shyang District Korba (C.G.).
... Non-applicant For Applicant : Ms Renu Kochar, Advocate For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy G.A. Hon'ble
Shri
Ramesh Sinha, Chief Justice
Order On Board 18.02.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 03/2025, registered at Police Station – Shyang District- Korba (C.G.) for the alleged commission of offence punishable under Sections 120-B, 34, 409 and 420 of Indian Penal Code, 1860.
2. As per the prosecution’s case, the FIR was lodged on 27.01.2025 by the complainant, Devanand Shirvas, alleging that the applicant, who was posted as Awas Mitra, along with other co-accused, defrauded account holders of the Pradhan Mantri Awas Yojana in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 Gram Syang, 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.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She 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. She 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 account. Therefore, she prays for grant of anticipatory bail to the present applicant.
4. 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.
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5. I have heard learned counsel for the parties and perused the case diary.
6. 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.
7. Accordingly, the anticipatory bail application of the applicant – Chandrashekhar Manjhwar, involved in Crime No. 03/2025, registered at Police Station – Shyang District- Korba (C.G.) for the alleged commission of offence punishable under Sections 120-B, 34, 409 and 420 of Indian Penal Code, 1860, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan