1 2025:CGHC:21747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 922 of 2025 Subrat Bhattacharya S/o Late Shri Bireshwar Bhattacharya Aged About 64 Years R/o 90, South City Nagar-1, Near Park, Gurugram (Gudgaon), Police Station- Sector-40, District- Gurugram (Gudgaon) (Haryana), Permanent Address- 72/1 Punjabi Bag, Police Station- Punjabi Bag, Delhi West ... Appellant. versus State Of Chhattisgarh Through Station House Officer, Police Station- Patewa, District- Mahasamund (C.G.) ... Respondent. For Appellant : Mr. Dharmesh Shrivastava, Advocate. For Respondent : Mr. HAPS Bhatia, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 09.05.2025 1. This appeal has been filed for grant of anticipatory bail in the form of appeal under Section 16 (1) of the Chhattisgarh Protection of Depositors Interest Act, 2005 (for short "Act of 2005") in connection with Crime No.149/2018 registered at Police Station Patewa, District Mahasamund against rejection of order dated 24.04.2025 passed by the Special Judge under the Chhattisgarh Protection of Depositors Interest Act, 2005. The appellant has also filed an application for exemption from depositing the liability amount (IA No.1/2025). Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.05.13 12:12:10 +0530 2 2. At the outset, learned State counsel submits that no assessment of liability has been determined. He further submits that provision of Section 16 of the Act 2005 would only apply if any order is passed by the Special Court under the Act of 2005 after determining the liability. He submits that the impugned order is only an order rejecting the bail application under Section 438 of the Cr.P.C. (Section 482 of the BNSS, 2023). Apart from this, Section 16 (2) of the Act 2005 can be entertained only after deposit of 75% of the amount before the competent Authority. In view of such submission, learned State counsel submits that in the present form the appeal is not maintainable. 3. Learned counsel for the appellant also admits the fact that no liability has been determined till so far. At this juncture, he seeks permission of this Court withdraw the present appeal with liberty to file anticipatory bail application under Section 482 of the BNSS, 2023. 4. Having regard to aforesaid submission, this appeal is dismissed as withdrawn reserving the liberty as aforesaid. Consequently, IA No.1/2025 is also stands disposed of. 5. Certified Copy of the order impugned be returned to the counsel after retaining photocopy of the same. Sd/- (Deepak Kumar Tiwari) Judge Ajay