Chhattisgarh HC Grants Anticipatory Bail To Two PMAY Staffers In Funds Case, As Case Diary Does Not Show They Received Forms Or Disbursed Money.

The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 536/2026, registered at Police Station Urga for alleged offences under Sections 318(4), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged misappropriation of funds sanctioned under the Pradhan Mantri Awas Yojana–Gramin for 48 beneficiaries, some of whom were deceased, at Gram Panchayat Tilkeja

One applicant worked as a data-entry operator and the other as a technical assistant. They maintained that their duties did not include receiving applications or disbursing funds.

The State opposed bail but accepted that the case diary did not show that either applicant had received application forms or disbursed the sanctioned amounts.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for a direction granting bail in the event of arrest. The Court considered the allegations, the applicants’ asserted roles, and the material in the case diary when deciding whether to grant that relief.

The alleged offences were under Sections 318(4), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The Court considered the applicants’ submissions that their duties were limited to data entry and field verification and that they had no authority to receive applications or disburse scheme funds.

The State’s concession that the case diary contained no material showing either applicant had performed those functions supported the applicants’ claim of no direct role in the alleged misappropriation. On consideration of the circumstances and nature of the allegations, and without expressing an opinion on the merits, the Court found it appropriate to grant anticipatory bail.

In the event of arrest in Crime No. 536/2026, each applicant is to be released on anticipatory bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount, to the satisfaction of the arresting officer. The applicants must cooperate with interrogation when required, refrain from influencing persons acquainted with the case or prejudicing a fair trial, and appear before the trial court on each date fixed until disposal of the trial.