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2023 Supreme(Chh) 212

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Rajeshwar Prasad Dwivedi, S/o Late Shri Daya Shankar Dwivedi – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Pal Singh, Advocate.
For the Respondents:Mr. Ashish Tiwari, Govt. Advocate

JUDGMENT :

1. The petitioner has been arraigned as an accused in FIR under Crime No.302/2021 registered at Police Station Ambikapur Dehat, Distt. Surguja for the offence punishable under Section 420 read with Section 34 of the IPC and ultimately, on investigation, in final report, offences punishable under Sections 4, 5 & 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 10 of the Chhattisgarh Protection of Depositors’ Interest Act, 2005 (for short, ‘the Act of 2005’) have also been added. The petitioner made application under Section 438 of the CrPC for grant of anticipatory bail before the Court of Session which was ultimately rejected and thereafter, he filed M.Cr.C.(A)No.1007/2021 before this Court. This Court by order dated 27-9-2021 (Annexure P-6), rejected the application principally on the ground that by virtue of Section 15 of the Act of 2005, application for anticipatory bail under Section 438 of the CrPC is not maintainable. By way of this petition, the petitioner has sought anticipatory bail stating inter alia that since anticipatory bail provision with regard to Section 438 of the CrPC is not applicable, therefore, no prima facie case is

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