1 2025:CGHC:14645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1496 of 2025 1 - Santram Adil S/o Ramdayal Adil Aged About 59 Years R/o Ward - 12 Village Nandini Khundni District - Durg (C.G.). 2 - Ramesh S/o Ankalha Aged About 49 Years R/o Ward - 04 Village - Patharia Police Station Nandini Nagar District- Durg (C.G.) (Particular Of The Applicant No. 2 In Not Properly Mentioned In The Impugned Order ). ... Applicants versus 1 - State Of Chhattisgarh Through District Magistrate District - Durg (C.G.). ... non-applicant For Applicants : Mr. Aman Tamrkar, Advocate For Res./State : Mr. Atanu Ghosh, Deputy Government Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26.03.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicants for grant of regular bail. 2. The applicants were arrested on 31.01.2025 in connection with Crime No. 27 of 2025 registered at PS- Nandini Nagar district- Durg, Chhattisgarh for 2 the offence punishable under Section 6 of the CG Gambling (prohibition) Act 2022. 3. Case of the prosecution in brief is that on 31.01.2025, on receiving a secret information, the police of Police Station Nandini District- Durg caught red-handed the present applicants who were involved in playing chit gambling at Khundni Bazar Chauk village Nandini. From possession of the applicant No. 1- Santram Adil, 6 gambling chits, one dot pen and Rs. 3050/- cash has been seized and from the applicant No. 2, Ramesh, 5 gambling chits, one dot pen and Rs. 1550/-cash has been seized and they have been arrested by the Police, and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicants would submit that applicants have been falsely implicated in the crime in question. He would further submit that the seized chits were not the gambling chits but were the account of the grocery items which had purchased from the market. Since the applicants are having criminal antecedents, on being suspicion, the police have arrested them in the present case. He would further submit that although, against the applicant No. 1 Santram Adil, there were six cases registered in the same nature of offence but all 6 cases have been disposed off and all those cases are prior to year 2019. Similarly, against the applicant No. 2 Ramesh, there were nine cases registered which were also prior to the year 2020 and all those cases have also been disposed of. except the present one. He would lastly submit that the applicants are in jail since 31.01.2025, investigation has already been completed, and charge-sheet has been filed. Offence is triable by the Judicial magistrate First Class, and conclusion of trial will take some time, therefore, applicants may be enlarged on bail. 3 5. On the other hand, learned State counsel opposes the bail application, and would submit that the applicants are caught red-handed and there is evidence in the charge-sheet that the applicants have committed the offence, and there is ample material against the applicants. Hence applicants are not entitled for bail. However, he does not dispute that the previous offences against the applicants are disposed of and all those case were prior to year 2019 and 2020. 6. Heard learned counsel for the parties and perused the material annexed with the bail application. 7. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation and the material collected during the investigation, the fact that though certain offences were registered against the applicants prior to the year of 2019 and 2020 and all the cases have been disposed of, applicants are in jail since 31.01.2025, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicants on bail. 8. Accordingly, the bail application filed by the applicant No. 1- Santram Adil S/o Ramdayal Adil and applicant No. 2- Ramesh S/o Ankalha are allowed and they shall be released on bail on their executing a personal bond in sum of Rs.50,000/-each with one surety of the like sum to the satisfaction of the concerned trial Court. Applicants shall also abide by the following conditions: i. that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police OfÏcer; 4 ii. that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicants shall appear before the trial Court on each and every date given to them by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.03.28 16:01:20 +0530