Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26368
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 939 of 2026 Harshita Sharma D/o Sh. Damodar Sharma Aged About 30 Years R/o 34/289 Jagmal Chowk 1 Junabilapur Bilaspur (M.Corp) Bilaspur 495001. Currant Address Gautam Buddha Nagar Uttar Pradesh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Kawardha District Kabirdham C.G. ... Non-applicant For Applicant : Mr. Vivekanand Samaddar, Advocate. For Non-applicant/State : Mr. Saumya Rai, Dy. G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 29.06.2026
1. This Second 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. 672/2024 registered at Police Station Kabirdham, Kabirdham (C.G.) for the offence punishable under Section 420, 34 of IPC and under Section 6(5) and 10 of the Chhattisgarh Protection Depositor’s Interest Act, 2005 (hereinafter called as ‘the Act of 2005’). Digitally signed by JYOTI JHA Date: 2026.06.30 17:54:52 +0530
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2. The first anticipatory bail has been withdrawn by the learned counsel for applicant in MCRCA No. 1559 of 2025 on 31.10.2025.
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 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 Jyoti