Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48074
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1438 of 2025 Santosh Kumar Karsh S/o Chamru Karsh Aged About 46 Years R/o Sakin Ward No. 56, Adarsh Vihar, Adarsh Nagar Korba, Tehsil And District- Korba, C.G.
... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Of Police Station Kanker, District- North Bastar Kanker, C.G.
... Respondent(s) For Applicant(s) : Mr. Harsh Wardhan, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 18.09.2025
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.154/2025 registered at Police Station Kanker, District- North Bastar Kanker (C.G.) for the offence punishable under Sections 318(4), 61(2) of Bharatiya Nyaya
2 Sanhita (for short ‘BNS’) and Section 10 of C.G. Protection of Depositors Interest Act, 2005 (hereinafter called as ‘the Act of 2005’)
2. Learned State counsel has pointed out that in view of the specific bar contained in Section 15 of the Act of 2005, an application for anticipatory bail is not maintainable.
3. Section 15 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005, explicitly provides that the provisions of Section 438 of the Code of Criminal Procedure (corresponding Section 482 of BNSS) shall not apply to any case involving an offence under this Act. The bar created by the statute is absolute, leaving no discretion with the Court to entertain an anticipatory bail application in respect of offences under the Act.
4. The present crime relates to an offence under Section 10 of the Act of 2005, and therefore squarely falls within the ambit of Section 15 of the Act of 2005.
5. In that view of the matter, this Court holds that the present anticipatory bail application is not maintainable and dismissed accordingly. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil