1 2025:CGHC:18149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2754 of 2025 Manish Pahuja S/o Late Rajkumar Pahuja Aged About 34 Years R/o Shanti Nagar, Mudapar, Out Post- Manikpur, Police Station- Kotwali, Korba, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Kotwali, District- Korba, Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-applicant/State : Mr. Hariom Rai, Penal Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22.04.2025 1. Proceedings of this case have been taken through video conferencing. 2. This is the third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 273/2024 registered at Police Station Kotwali District – Korba (C.G.) for the offence under Section 7 and 8 of Chhattisgarh Gambling Prohibition Act, 2022, Section 420, 120-B of Indian Penal KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Code and Section 66 [wrongly mentioned as 66(C) in some of the orders] of information Technology Act. 3. The earlier first bail and second bail application of the applicant has already been rejected by this Court on merits however this Court considering the ailment of the applicant’s mother who is suffering from cancer, had granted short term bail to the applicant for the period of four months and under the period of short term bail, the applicant preferred 3rd bail application without surrendered before the competent Court. 4. Case of the prosecution, in brief is that the on 11.05.2024, as per secret information received from the informant that the co-accused Prateek Kumar Vidhwani, resident of DDM Road Korba is a gambler and involving persons online through mobile phone to play online betting. On the basis of secret information, a police team of Police Station Kotwali went to the spot and conducted raid whereby a person was found who disclosed his name Prateek Vidhwani and accepted his act regarding online betting. Two mobile phones were seized from his possession in which various chats were presented by which online betting was conducted with Mahadev Panel, Reddy Ambani, Tata Lotus. It is alleged that the co-accused has made separate ID of his customers (gamblers) and opening their accounts in different banks and it was also found that the present applicant uses online transaction through Google Pay merchant and Phone Pay. The co-accused Prateek Vidhwani was arrested by the police and on the basis of his memorandum, some articles were seized from his possession and first information report bearing Crime No. 3 273/2024 was registered at Police Station Kotwali, District - Korba (C.G.) on 11.05.2024 for offence under Section 7 & 8 of Chhattisgarh Gambling Prohibition Act and investigation was initiated. During the course of investigation, on the basis of the memorandum of the co-accused, some other accused persons including the present applicant were arrested, the police seized some articles, arrested other accused persons, statements of the witnesses were recorded and after completion of the entire investigation, charge-sheet has been filed before the learned Chief Judicial Magistrate, Korba, District Korba (C.G.) on 08.07.2024 for the offence punishable under section 7 & 8 Chhattisgarh Gambling Prohibition Act, 2022, section 420, 120-B of Indian Penal Code and Section 66of Information Technology Act. 5. Learned counsel for the applicant submits that the first bail application of the applicant has already been rejected by this Court being MCRC No. 5841/2024 vide order dated 20.08.2024 on merits. Being aggrieved by the same, the applicant preferred an Special Leave Petition (Criminal) before the Apex Court being Diary No.(s) No. 54942/2024, which was dismissed on 02.12.2024 and further learned counsel stated that the applicant’s mother is suffering from cancer and is under serious condition further he preferred second bail application before this Court and also the same was dismissed but looking to the ailments of the applicant’s mother, this Court had granted short term bail to the applicant for the period of four months and under the period of short term bail, the applicant preferred 3rd bail application without surrendered 4 before the competent Court therefore this Court first ordered to surrender before the competent Court. He further submits that the applicant was surrendered on 20.04.2025 (a copy of said order has been annexed in Annexure A/7) and the new ground for filing of the third bail application is that in spite of the trial being expedited by this Court, the same has not been concluded and after the rejection of the bail application of the applicant, 10 co-accused persons have been granted bail by this Court and in this case three prosecution witnesses have been examined and the present applicant is in jail since 20.05.2024. Hence, he prays for grant of bail to the applicant on the ground of parity. 6. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the earlier first bail and second bail application of the applicant has already been rejected by this Court on merits however this Court considering the ailment of the applicant’s mother who is suffering from cancer, had granted short term bail to the applicant for the period of four months. He further submits that the present applicant is indulged in online gambling, he is one of the account holders, who has received the money and also the bail application of one of the accused persons, namely Narayan Kumar Nishad has already been rejected by this Court vide order dated 12.07.2024 in MCRC No. 4001/2024 and anticipatory bail application of one of the co-accused persons namely, Prateek Vidhwani has already been rejected by this Court vide order dated 20.06.2024 in MCRCA No. 656 of 2024, therefore, the applicant is not entitled for grant of bail. 5 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the fact and circumstances of the case, nature and gravity of offence levelled against him and further the fact that the first bail application of the applicant has already been rejected by this Court being MCRC No. 5841/2024 vide order dated 20.08.2024 on merits. Being aggrieved by the same, the applicant preferred an Special Leave Petition (Criminal) before the Apex Court being Diary No.(s) No. 54942/2024, which was dismissed on 02.12.2024 further the applicant’s mother is suffering from cancer and is under serious condition therefore, he preferred second bail application before this Court and also the same was dismissed but looking to the ailments of the applicant’s mother, this Court had granted short term bail/parole to the applicant for the period of four months and under the period of short term bail, the applicant preferred 3rd bail application without surrendered before the competent Court therefore this Court first ordered to surrender before the competent Court and the applicant was surrendered on 20.04.2025 (a copy of said order has been annexed in Annexure A/7) and the new ground for filing of the third bail application is that in spite of the trial being expedited by this Court, the same has not been concluded and after the rejection of the bail application of the applicant, 10 co-accused persons have been granted bail by this Court and in this case three prosecution witnesses have been examined and the present applicant is in jail since 20.05.2024 and conclusion of the trial may take some time, therefore, this Court is of 6 the view that the applicant is entitled to be released on bail in this case. 9. 9. Let the third bail application of the Applicant – Manish Pahuja, involved in Crime No. 273/2024 registered at Police Station Kotwali District – Korba (C.G.) for the offence under Section 7 and 8 of Chhattisgarh Gambling Prohibition Act, 2022, Section 420, 120-B of Indian Penal Code and Section 66 [wrongly mentioned as 66(C) in some of the orders] of information Technology Act, 1985, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such 7 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal