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2025 DAILYLAW 20508 (CHH)

SAURABH KUMAR CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/635/2025 · 2025-06-25

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:28654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 635 of 2025 1 - Saurabh Kumar Chandrakar S/o Shri Ashok Kumar Chandrakar Aged About 32 Years R/o Chandrakar Para, Mokhala, P.S. Arang, Raipur, Chhattisgarh. ... Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Arang, District Raipur, Chhattisgarh. ---- Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Mayank Kumar, Advocate For Respondent(s)/State : Dr. Saurabh Kumar Pande, Deputy A.G. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 26/06/2025 1. The present is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 498/2023, registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Sections 6, 7 and 8 of the VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.27 18:23:37 +0530 2 Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of prosecution in brief is that, on 16.08.2023, the police of Police Station Arang, District Raipur received a secrete information about playing of online gambling near Indira Chowk, Machhli Pasra, Arang and engaged in playing online gambling. The police has conducted raid on the spot and arrested Anish Chandrakar, who was engaged in online gambling and he disclosed in his memorandum statement that the present applicant has provided him the ID of Diamond Company and also provided Apple 14 Pro Mobile Phone, including the SIM No. 8770557004 and both of them are engaged in online gambling, the present applicant is residing at Rohtak, Haryana and he is connected in online gambling from there. The said mobile phone and Scooty bearing No. CG 04 NT 8274 has been seized from him and the offence under Sections 6, 7 and 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 4-A of Public Gambling Act, 1867, has been registered at police station Arang, in which the applicant is apprehending his arrest. 3. Learned counsel for the applicant would submit that, except the memorandum statement of co-accused, no other evidence is available in the charge sheet, which has been filed against the co-accused Anish Chandrakar. The mobile phone seized from the co-accused Anish Chandrakar has not been sent to recover its data from any Cyber expert. There is no evidence that the present applicant provided the said ID of Diamond Company to play online gambling. At the most, the allegation against the present applicant is the offence under 3 Section 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022, which is a bailable offence. The applicant is resident of Village Mokhla, Police Station Arang, District Raipur and is sole bread earner of his family. There is no chance of his being absconding or tempering with the witnesses, therefore, he may be enlarged on anticipatory bail. 4. On the other hand, learned counsel for the State opposes and has submitted that, the applicant along with the co-accused Anish Chandrakar have engaged in online gambling through ID of Diamond Company, which is an Online Betting App and the relevant data are to be recovered from the applicant, for which his arrest is necessary. As per memorandum statement of co-accused Anish Chandrakar, the present applicant has provided him ID of Diamond Company and mobile phone and at present, the present applicant is residing at Rohtak, Haryana and connected in online gambling from there. Online gambling through betting app is an organized crime, having involvement of other persons as well as huge money, therefore, the applicant is not entitled for anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further that from the memorandum statement of co- accused Anish Chandrakar, the name of present applicant came on record that he provided ID of Diamond Company, which is an online 4 betting app, through which they are engaged in playing online gambling, certain information are required to be extracted from the applicant about the strength of ID of Diamond Company, its genesis and circulation, and also considering the nature of offence that it is an organized crime having various facets and complexion of circulation of huge illegal money, I am not inclined to release the applicant on anticipatory bail. 7. Accordingly, his anticipatory bail application is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved