1 2026:CGHC:26004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2193 of 2025 1 - Lalitdeep S/o Sahadev Deep, aged about 42 years, Occupation Business, R/o Gram Patna Garh, P.S. Patna Garh and Dist. Balangir (Odisha). 2 - Pratap Bhati S/o Late Mahadev Bhati, aged about 51 years, Occupation Agriculturist, R/o Gram Kanhabira, P.S. Bangomunda, Tehsil Bangomunda, Dist. Balangir (Odisha) ... applicants Versus State of Chhattisgarh Through Station In-Charge, Police Station- Manendragarh, District Manendragarh-Chirmiri-Bharatpur (M.C.B.) C.G. ... Respondent (Cause title is taken from Case Information System) For applicants : Mr. Anuroop Panda, Advocate. For Respondent/State : Ms. Supriya Upasane, G.A. Hon'ble Smt. Justice Rajani Dubey Order on Board 25 /06/2026 1. The Registry has pointed out default with regard to maintainability of the appeal in view of Section 15 of the C.G. Protection of Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 Depositors Interest Act, 2005 (in short “Act, 2005”). 2. Section 15 of the Act, 2005 merely bars an application for anticipatory bail before the competent Court and does not expressly or impliedly curtail the appellate jurisdiction conferred upon the High Court under Section 16(1) of the Act, 2005. The right of appeal being a statutory right, any restriction thereon must be specifically provided by the statute. Since, Section 16(1) of the Act, 2005 permits an appeal against an order passed by the Special Court and contains no exclusion in respect of orders relating to bail, the appellate jurisdiction of this Court remains intact. Section 15 of the Act, 2005 excludes only the original remedy under Section 438 CrPC whereas Section 16 creates an independent statutory appellate remedy before the High Court and, therefore, the latter cannot be defeated by implication in the absence of any express bar. Moreover, similarly situated co- accused persons have already been granted anticipatory bail by this Court. Therefore, notwithstanding the embargo contained in Section 15 of the Act, 2005, the present appeal under Section 16(1) of the Act, 2005 is held to be maintainable and is liable to be considered on merit. 3. This appeal has been filed under Section 16(1) of C.G. Protection of Depository Interest Act against the order dated 12.09.2025 passed by the Special Judge (Constituted under C.G. Protection of Depositors Interest Act, 2005), Baikunthpur, District Koriya (C.G.) whereby the anticipatory bail application of the applicants 3 under Section 438 of Cr.P.C. (New Section 482 of BNSS), 2023 has been rejected. 4. The applicants are apprehending their arrest in connection with Crime No.192/2019 registered at Police Station – Manendragarh, District (M.C.B.) (C.G.) for commission of the offence punishable under Sections 420, 34 of the Indian Penal Code, Sections 4, 5 of Prize Chits and Money Circulation Schemes (Banning) Act and Section 10 of Protection of Depositors Interest Act, 2005. 5. This is the first bail application by way of criminal appeal. 6. The prosecution story, in brief, is that complainant Brijram Sahu made a written report alleging therein that in year 2015, the Director and Branch Manager of PICL Multi State Credit Co- operative Society came to Manendragarh and conducted a seminar and ensured that by depositing the amount they would get hefty interest. It was also alleged that complainant deposited Rs.4,50,000/- along with other persons and when the complainant demanded his money in the year 2017, he got only assurance and accused/applicants fled away closing the office. Based on this, FIR against three persons namely Sambhunath, Buddh Singh Rana and Ravi-ul-Haq was registered and they were arrested and the other co-accused being absconded a supplementary challan under Section 173 (8) of Cr.P.C. has been filed. 7. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in the crime in question. He further submits that the present applicants 4 are neither Director of the Society nor employees of the society and applicant No. 1 is also a victim of this Chit Funds scam and he has also filed an F.IR being Crime No. 105 of 2021 at Police Station Town, District Bolangir (Odisha) against the Director of the Company vide Annexure-A/2. As per the final report, nothing incriminating has come against the applicants. He also submits that other co-accused persons namely Dhansai Baghel, Narendra Babu Komarya in MCRCA No.242/2025, Rabiul Haque, Shambhunath Pathak in MCRC No. 591/2020, 677/2020, Abdul Kayum in MCRC No.798/2025 and Daulal Nishad in MCRC No.3202/2025 have been extended privilege of bail by this Court vide order dated 24.02.2025, 23.03.2020, 29.01.2025 and 25.04.2025 respectively, therefore, the present applicants may also be extended privilege of anticipatory bail on the same set of evidence. 8. Learned counsel for the State however opposes the appeal for anticipatory bail. 9. Considering the facts and circumstances of the case, the nature of allegation against the applicants and further considering the fact that other co-accused persons namely Dhansai Baghel, Narendra Babu Komarya in MCRCA No.242/2025, Rabiul Haque, Shambhunath Pathak in MCRC No. 591/2020, 677/2020, Abdul Kayum in MCRC No.798/2025 and Daulal Nishad in MCRC No.3202/2025 have been extended privilege of bail by this Court vide order dated 24.02.2025, 23.03.2020, 29.01.2025 and 5 25.04.2025 respectively, I am inclined to grant anticipatory bail to the applicants in this case also. 10. Accordingly, the appeal is allowed and the impugned order dated 12.09.2025 is set aside. 11. It is directed that in the event of arrest of the applicants in connection with the crime in question, they shall be released on anticipatory bail by the Officer arresting them on their executing a personal bond in the sum of Rs.50,000/- each with two local solvent sureties in the like sum to the satisfaction of the concerned Investigation Officer. applicants shall be abide by the following conditions : (i) that the applicants shall make themselves available for interrogation before the Investigating Officer as and when required; (ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Sd/- (Rajani Dubey) Judge U.K. Raju