1 2025:CGHC:31122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4188 of 2025 1 - Ritik Mandilwar @ Bamfod S/o Vimal Mandilwar Aged About 24 Years R/o Near Joda Talab, Sattipara, Police Station Kotwali, District- Sarguja (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Ambikapur, District- Sarguja (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Ms. Hamida Siddiqui, Advocate For Respondent(s)/State : Mr. Ajit Singh, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04/07/2025 1. This is the first bail application of the applicant filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS”), who has been arrested on 07-05-2025, for the offence of Crime No. 325 of 2024 registered at Police Station Ambikapur, District Surguja (C.G.), for the offence under Sections 467, 468, 471, VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:29:16 +0530 2 120-B of IPC and Sections 7, 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of the prosecution is that on 13-05-2024, the police of Police Station Ambikapur received secret information that 03 persons, namely Ayush Sinha @ Deep Sinha, Amit Mishra and Shubham Keshari, are engaged in online gambling through their mobile phone by using the skyexchange betting app and betting on the IPL cricket match between Gujrat Titans versus Kolkata Knight Riders. On a raid being conducted, the police have arrested the 03 accused persons who were engaged in playing online gambling. They were taken to the police station and interrogated by the police. From their mobile phone, sufficient evidence of their involvement in online gambling was found, and from Ayush Sinha @ Deep Sinha 03 mobile phones, 03 passbooks and a cheque book were seized which are in the name of other persons, from the accused Shubham Keshari one mobile phone, one cheque book, 13 ATM cards of various persons were seized and from the accused Amit Mishra 15 mobile phones, 08 ATM cards of various persons, one cheque book and cash of Rs. 20100/- has been seized. When the details of the bank account were obtained, it was found that the bank account was opened fraudulently, and the persons in whose names the bank account is running have no knowledge of their bank account. Statements of the account holders were recorded, who disclosed the name of the present applicant, stating that in his instance, the mule account was opened in the bank. From the statement of Abhas Paswan, the name of the applicant appears that he has got opened 3 his bank account, which has been used in money transactions of online gambling. The applicant is arrested on 07-05-2025, and the charge sheet has been filed. 3. Learned counsel for the applicant would submit that there is no sufficient evidence against the applicant that he is involved in online gambling in any manner. Except for the memorandum statement of the co-accused persons, there is no admissible evidence in the charge sheet against him that connects him with the offence in question. Even in the memorandum statement of the accused persons, nothing comes against the present applicant. The only allegation against the applicant is that he got opened the bank account of Abhash Paswan, which is allegedly used in money transactions of online gambling. Without any sufficient evidence, he was arrested on 07-05-2025. Investigation has been completed, and the charge sheet has been filed. Final adjudication of the case will take its own time, and therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State opposes and submits that there is sufficient evidence against the applicant that he is also involved in organized online gambling along with other accused persons. The accused persons have managed the mule bank account, ATM cards, and they divided their work as per their convenience. The other accused persons have actively engaged in playing online gambling, and the money circulation was done through the bank account managed by the other accused persons, including the present applicant. They set up a huge network for online 4 gambling interstate. It is an organised crime that is designed by the accused persons and uses the bank account of others, so that they may not directly come into the picture. Therefore, the applicant is not entitled to be released on 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 the allegation against the applicant and the material collected during the investigation, further considering the role of the applicant and statement of Abhas Paswan, the WhatsApp chats and money transaction details extracted from the mobile phone, register seized from the co-accused persons having sufficient material of their involvement in the offence in question, the accused persons including the present applicant organized the crime, allegation against the applicant is that he had got opened the forged bank account in the name of Abhas Paswan for money circulation of online gambling, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant Ritik Mandilwar @ Bamfod is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved