1 2025:CGHC:29249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3695 of 2025 1 - Amit Agrawal S/o Late Ramesh Agrawal Aged About 36 Years R/o Ganja Chowk Raigarh District - Raigarh (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer City Kotwali Raigarh District - Raigarh (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s)/State : Mr. Ajit Singh, G.A. and Mr. Santosh Bharat, Panel Lawyer MCRC No. 4054 of 2025 1 - Ankit Bani S/o Kali Charan Bani Aged About 28 Years Caste - Baniya, Occupation - Labourer, R/o Ganja Chowk, Bahidarpara, Raigarh, District - Raigarh (C.G.) 2 - Bharat Kumar Rohila S/o Late Suresh Rohila Aged About 40 Years Occupation - Labourer, R/o Hatri Chowk, Danipara, Police Station - City Kotwali, District - Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, Raigarh, District - Raigarh (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.01 19:56:37 +0530 2 For Applicant(s) : Mr. Ashish Gupta, Advocate For Respondent(s)/State : Mr. Ajit Singh, G.A. and Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 27/06/2025 1. These are the first bail applications filed by the respective applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicants have been arrested in connection with Crime No. 173 of 2025, registered at Police Station City Kotwali, Raigarh, District Raigarh (C.G.) for the offence under Sections 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of prosecution in brief is that, on 23.04.2025, during the patrolling, the police of Police Station Kotwali, Raigarh received a secrete information that the applicant Amit Agrawal is engaged in playing online gambling along with others in his shop situated near Ganja chowk. When the police conducted raid in the shop of the applicant Amit Agrawal, he was found playing online gambling in cricket match. From the applicant Amit, one mobile phone having two SIM number of 7777873101 and 9827973101 and cash of Rs. 1,20,000/- has been seized. On being interrogation, he disclosed the names of other accused persons and playing online gambling with them at various places through mobile phone and also disclosed that, to play online cricket gambling, they exchanged betting app of “All panelexcheq.com” ID and all of them have connected to the said ID for playing online cricket gambling. The offence under Section 7 of the 3 Chhattisgarh Gambling (Prohibition) Act, 2022 has been registered and he has been arrested on 23.04.2025. The other two accused persons/applicants Ankit Bani and Bharat Kumar Rohila have also been arrested on 24.04.2025. The other accused persons are absconding and against these three applicants/accused persons, charge sheet has been filed before the learned Chief Judicial Magistrate, Raigarh. 3. Mr. Sanjay Agrawal, learned counsel for the applicant/Amit Agrawal would submit that the applicant is innocent and has been falsely implicated in the offence. There is no concrete evidence that the applicant is engaged in playing online gambling, except the suspicion of the police. There is no incriminating material, which connected the applicant with the offence in question, could be extracted from the mobile phone seized from him. Even there is no evidence with respect to any connection or collusion with the other accused persons that all of them are engaged in online cricket gambling through the said betting app. The offence is triable by the Judicial Magistrate First Class, investigation has been completed and the charge sheet has been filed. There is every likelihood of conclusion of the trial. The applicant is in jail since 23.04.2025 and therefore, he may be enlarged on bail. 4. Mr. Ashish Gupta, learned counsel appearing for the applicants Ankit Bani and Bharat Kumar Rohila has submitted that except the memorandum statement of the co-accused Amit Agrawal, no other evidence is available in the charge sheet to connect them with the 4 offence in question. On the same day, another offence has been registered against them at police station Chakradharnagar, in which they were arrested and on the very next day, i.e. on 24.04.2025, they have been arrested in the present offence, which itself shows the mala fide intention of the police persons to implicate them in the offence. In the offence registered at Chakradharnagar, Rs. 30,000/- cash and a mobile phone has been seized from the applicant Ankit Bani and Rs. 25,000/- cash and a mobile phone has been seized from the applicant Bharat Kumar Rohila. There is no material available in the charge sheet that any suspicious material is found in the mobile phone or any connection with the other accused persons or even the using of said betting app. Learned counsel appearing for the applicant Ankit Bani would also submit that, he is suffering from kidney disease and his treatment is continued, even while he is in custody. He recently admitted from 05.05.2025 to 12.05.2025 in KG District Hospital, Raigarh for treatment of his kidney disease and it is very difficult for him to continue for his treatment from the jail. The applicants are in jail since 24.04.2025, final adjudication of the case will take its own time, investigation has been completed, and therefore, they may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the submissions made by the learned counsel for the respective applicants and have submitted that the applicant Amit Agrawal was caught red-handed by playing online cricket gambling through the aforesaid betting app. A mobile phone and cash of Rs. 25,000/- has 5 been seized from him. From the statement of Mahesh Sahu and Suraj Shrivas, the prima facie evidence of involvement of the applicant Amit Agrawal in the offence in question is there. He would further submit that two applicants Ankit Bani and Bharat Kumar Rohila are the accused persons in the crime No. 169 of 2025 registered at police station Chakradharnagar for the offence under Sections 7 and 8 of Chhattisgarh Gambling (Prohibition) Act, 2022 with the allegation that they engaged in online cricket gambling through the aforesaid betting app by their mobile phone. They have been arrested by the Chakradharnagar police and when the applicant Amit Agrawal disclosed that he is engaged in playing online gambling along with the others including the present applicants Ankit Bani and Bharat Kumar Rohila, they have been arrested in the present offence also. The other 06 accused persons are still absconding. The accused persons have organized the offence through online mode and engaged in online cricket gambling, which has an extensive impact on the society, therefore they are not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary of the case. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation against the present applicants and the material collected during the investigation available in the charge sheet, further that the applicant Amit Agrawal is caught red-handed, while playing online cricket gambling and he disclosed the name of other accused persons, further another offence has been registered 6 against the two applicants Ankit Bani and Bharat Kumar Rohila at Chakradharnagar police station for the offence of same nature, the manner in which the offence is alleged to have been organized and its impact upon the society as well as economy of the country and also considering that the nature of offence having various facets of its complexion, I am not inclined to release the applicants on bail. So far as the ailment of the applicant Ankit Bani is concerned, from the document annexed with the bail application, though it reflects that the applicant Ankit Bani is having some kidney ailment, but the jail authorities have duly provided the medical aid to him and the applicant is not entitled for grant of bail on the ground of his ailment. 8. Consequently, the bail applications filed by the present applicants Amit Agrawal, Ankit Bani and Bharat Kumar Rohila are hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved