1 2025:CGHC:59447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1933 of 2025 1 - Divya Gupta Sanjeet Agrawal Aged About 27 Years R/o Bhaiyathan Road Mishra Gali Surajpur, Thana Surajpur, District- Surajpur (C.G.) 2 - Sandeep Agrawal S/o Kanhaiyalal Agrawal Aged About 36 Years R/o Bhaiyathan Road Mishra Gali Surajpur, Thana Surajpur, District- Surajpur (C.G.) 3 - Yogesh Gupta S/o Ashok Kumar Gupta Aged About 25 Years R/o Gandhi Chowk, Janjgir District- Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Gandhinagar District- Sarguja (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 been filed by the applicants, who are apprehending their arrest in connection with Crime No.715/2024 registered at Police Station Gandhinagar District- Sarguja (C.G.) for the offence punishable under Sections 420, 120-B of IPC and Section 10 of C.G. Protection of Depositors Interest Act, 2005 (hereinafter called as ‘the Act of 2005’) and Sections 4, 5 & 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 2. Learned counsel for the applicants submits that since the applicants were granted bail prior to filing of the charge-sheet for the offences under Sections 420 and 120-B of the IPC, but at the time of filing of the charge-sheet the police additionally invoked Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005 and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, the prosecution agency is now compelling the applicants to surrender. As the applicants apprehend their arrest due to the addition of these stringent sections, they are constrained to file the present anticipatory bail application. 3. 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. 4. 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 3 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. 5. 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. 6. 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