1 2025:CGHC:31123 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 762 of 2025 1 - Ashish Wadhwani S/o Dilip Wadhwani Aged About 37 Years R/o Near Mahaveer Nagar Park, Police Station - New Rajendra Nagar, Tahsil And District - Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - New Rajendra Nagar, District - Raipur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Navin Shukla, Advocate For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03/07/2025 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. 377 of 2024, registered at Police Station New Rajendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:09:43 +0530 2 2. The case of the prosecution is that, on 28.09.2024, the police of police station New Rajendra Nagar received secret information that a person is playing online gambling through his mobile phone near Medicine Hospital. The police conducted raid and caught red-handed the co-accused Anil Chawla and from him one mobile phone and Rs. 10,000/- cash have been seized. From the data extracted from the mobile phone of the co-accused Anil Chawla, the record of playing online gambling through Ratanbook betting app and a panchnama was prepared. On being interrogation, he disclosed that the ID of the said Ratanbook online betting app was provided to him by the present applicant Ashish Wadhwani. The co-accused Anil Chawla was arrested and since the present applicant Ashish Wadhwani was absconding, the charge sheet was filed against Anil Chawla. The applicant is apprehending his arrest and therefore, he has filed the present anticipatory bail application. 3. Learned counsel for the applicant would submit that, there is no evidence against the present applicant that he involved in online gambling with the co-accused Anil Chawla or he provided ID of Ratanbook or any online betting app to him. Except the memorandum statement of the co-accused Anil Chawla, nothing is there in the case against him. He would further submit that the co- accused Anil Chawla has been acquitted by the learned Judicial Magistrate First Class, Raipur vide its judgment dated 03.04.2025, passed in Criminal Case No. 19142 of 2024, and in para 13 of the judgment it has been observed by the learned trial Court that from the mobile phone seized from co-accused Anil Chawla, there is no 3 evidence of playing online gambling and the prosecution has failed to prove its case. The said finding clearly shows that there is no evidence against the applicant in the case that there is any online gambling by Anil Chawla or the present applicant, therefore, the applicant may be released on anticipatory bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and submitted that, in the memorandum statement of co-accused Anil Chawla, he disclosed that he along with the present applicant engaged in playing online gambling through Ratanbook online betting app. From the analysis of mobile phone of Anil Chawla, certain incriminating material were extracted with respect to money transactions, which involved in online gambling. From the statement of Upendra Jal and Vishal Budhwani, the name of present applicant also reflected that he involved in online gambling. The mobile phone of the present applicant is also required for investigation regarding his involvement in the offence in question, but the same could not be seized as he is absconding, therefore, considering the nature of offence and his involvement in the offence in question, he is not entitled for anticipatory bail. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicant regarding his involvement in the offence in 4 question, gravity of the offence and its impact of organized crime, further considering the statement of Upendra Jal and Vishal Budhwani and entire facts and circumstances of the case, I am not inclined to release the applicant on anticipatory bail. Even though, the co-accused Anil Chawla has been acquitted by the learned trial Court, the same could not affect the case of the present applicant, as the evidence against him yet to be collected from his mobile phone and other mode of investigation after his arrest. 7. Accordingly, the present anticipatory bail application filed by applicant Ashish Wadhwani is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved