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2025 DAILYLAW 21433 (CHH)

KAMAL SURYANVANSHI v. STATE OF CHHATTISGARH

MCRC/3598/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3598 of 2025 1 - Kamal Suryanvanshi S/o Harishchand Suryavanshi Aged About 55 Years R/o Ramnagar Gudhiyari District Raipur Chhattisgarh. 2 - Mohd. Mohsin S/o Mohd. Salim Aged About 25 Years R/o Indira Awas Colony House No. F.I. P.S. Devendra Nagar, Raipur Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Devendra Nagar, Raipur, District- Raipur Chhattisgarh. .. Non-applicant(s) For Petitioner(s) : Mr. C. R. Sahu, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19/06/2025 1. Heard. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 10.04.2025 in connection with Crime No. 70/2025 registered at Police Station Devendra Nagar,, District Raipur (C.G.) for the offence under Sections 7 of Gambling Prohibit Act and Section 112, 3(5) of B.N.S. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:20 +0530 2 3. The case of the prosecution is that on 10.04.2025 on secret information received by the Devendra Nagar Police Station, Raipur, they conducted raid near Transformer at Trimurty Nagar, Raipur where by found the applicant engaged in playing chit gambling. On being search the gambling chit consists the endorsement of Rs. 3790/- one dot pen and Rs. 2200/- cash has been seized from the applicants. Both the applicants have been arrested and after investigation charge-sheet have been filed. 4. Learned counsel for the applicant would submit that the applicants are innocent and has falsely been implicated in the offence. They have never engaged in chit gambling and the account slip of their grocery items which has been purchased from the market have been considered by the police as the gambling chit and only on suspicion they have been arrested. The investigation has been completed, charge-sheet has been filed offence is triable by Judicial Magistrate First Class and there is no criminal antecedent against the applicants. They are in jail since 10.04.2025 and final adjudication of the case will take its own time, therefore, they may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the bail application. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering that the investigation has been completed and charge-sheet have been filed, the offence is triable by Judicial Magistrate First Class and further that there is no criminal antecedent reported against the present applicants, I am inclined to release the applicants on bail. 7. Consequently, the bail application filed by the applicants Kamal Suryanvanshi and Mohd. Mohsin for grant of regular bail is hereby allowed. It is directed that the applicants shall be released on bail on each of 3 them furnishing a personal bond in the sum of Rs. 25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) 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 fact to the Court. (ii) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok