1 2025:CGHC:8917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 258 of 2025 Lakhan Lal Baiga S/o Parshuram Baiga Aged About 37 Years R/o Village- Mirimuda, Dharamjaigarh, District- Raigarh (C.G.), Present Address - Village - Shyang, Police Station - Shyang, District- Korba Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Shyang, District - Korba Chhattisgarh. ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.02 .202 5 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 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 and 34 of the Indian Penal Code, 1860. 2. The prosecution's case, in brief, is that on 25.01.2025, the CEO of Janpad Panchayat Korba submitted an application to the Station RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 House OfÏcer, Police Station Shyang, requesting the registration of criminal offences against (i) Chandra Shekhar Manjhwar, (ii) Meghnath Vishwakarma, (iii) the present applicant 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 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 contractor, 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 submits that the present applicant is innocent and has been falsely implicated in this case. He also submits that the applicant was a contractor under the Pradhan Mantri Awas Yojana for the construction of houses and was allotted the task of building a house for one of the beneficiaries. The amount allegedly embezzled by the applicant is Rs. 1,20,000/-. However, as per the application submitted by the concerned authority to the police station for lodging an FIR against the accused persons, 3 including the applicant (Annexure A-3, dated 25.01.2025), it is evident that the applicant has already constructed the house up to the top level. Therefore, the applicant’s case is distinguishable from that of Chandrashekhar Manjhwar, whose MCRCA No. 240 of 2025 was rejected by this Court on 18.02.2025. As the applicant, Chandrashekhar Manjhwar, along with five other co-accused, has been accused of misappropriating Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana. He further submits that he has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant. He further submits that the present applicant, being a contractor, 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/-. Therefore, he 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 facts & circumstances of the case and further the fact that the though the present applicant, being a contractor, 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/-, but as per the 4 application submitted by the concerned authority to the police station for lodging an FIR against the accused persons, including the applicant (Annexure A-3, dated 25.01.2025), it is evident that the applicant has already constructed the house up to the top level, therefore, the applicant’s case is distinguishable from that of Chandrashekhar Manjhwar, whose MCRCA No. 240 of 2025 was rejected by this Court on 18.02.2025, as the applicant, Chandrashekhar Manjhwar, along with five other co-accused, has been accused of misappropriating Rs. 12,00,000/- from a total of 15 beneficiaries under the Pradhan Mantri Awas Yojana, further the applicant has no criminal antecedents, therefore, I am inclined 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 - Lakhan Lal Baiga, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 5 disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured 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 Rahul Dewangan