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2025 DAILYLAW 24768 (CHH)

AMAN DEWANGAN v. STATE OF CHHATTISGARH

MCRC/4258/2025 · 2025-07-03

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:31124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4258 of 2025 1 - Aman Dewangan S/o Kishan Dewangan (Wrongly Mentioned Lake Kishan Dewangan) Aged About 21 Years R/o Shankar Nagar P.S. Mohan Nagar, Durg District Durg (Chhattisgarh) ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, P.S. Bhatapara (City), District Balodabazar Bhatapara (Chhatisgarh) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Tapan Kumar Chandra, Advocate For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04/07/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested on 09.05.2025 in connection with Crime No. 288 of 2025, registered at Police Station Bhatapara (City), District Baloda-Bazar, Bhatapara, Chhattisgarh for the offence under Sections 07, 08 of Chhattisgarh Gambling (Prohibition) Act, 2022 and Sections 318(4), 319(2), 336(2), 336(3), VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:30:41 +0530 2 338, 340(2), 238, 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 42(2) of Telecommunications Act and Sections 66(C), 66(D) of I.T. Act. 2. The case of the prosecution is that on 05-05-2025, the police of Police Station Bhatapara (City) received secret information that a person is engaged in playing online gambling through his mobile phone near the State Bank of India and betting in the IPL Cricket Match. The police have conducted a raid and caught the co-accused Gourav Hablani, who was actively involved in online gambling. He was interrogated, and he disclosed that he used Allpanelexch.app, the goexch09.com platform for betting in the IPC 20-20- Cricket match through his mobile No. 7224090781 and obtained online login password of Mc123456 and ID KLSGOI. He also disclosed that his brother Kapil Hablani, mobile No. 8421478285 and his friend Deepak Sablani, mobile No. 7723008660, have also engaged in online gambling for a long time and residing at Vasco (South Goa) and using the betting platform of RBC139, Kheloyaar 164, Win Bus07. The online betting platform Allpanelexch.app and goexch09.com were also provided to Gourav Hablani by Kapil Hablani and Deepak Sablani. The co-accused Gourav Hablani has been arrested on the spot, and other accused persons have been arrested from Goa, and charge sheet has been filed. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the offence. There is no evidence against the applicant that connects him with the offence in question. Except for the memorandum statement, no other incriminating material is available to the prosecution agency. The 3 memorandum statement is inadmissible for the present applicant. From the mobile phone of Gourav Hablani, no date could have been extracted, which implicates the present applicant in the offence. The applicant is in jail since 09-05-2025, and final adjudication of the case will take its own time. Therefore, the applicant may be released on bail. 4. Opposing the bail application, learned counsel appearing for the state would submit that there is sufficient evidence against the applicant in the case, which directly connects him with the offence in question. In the presence of the witnesses Sameer Chouhan and Durgesh Gujratia, the accused persons disclosed their association and organisation of online gambling. The memorandum statement of the present applicant is also recorded on 08-05-2025, in which he disclosed that in the year 2022, he was arrested by Delhi Police for the offence of online gambling. On being called by Deepak Dhirwani, he had gone to Goa and engaged in online gambling. He also disclosed the entire setup of the management of online gambling in Goa. He was assigned the duty of withdrawal from the Kheloyaar.com betting app. He prepared the WhatsApp group in his mobile number 9752291008 for playing online gambling. He also disclosed the involvement of other accused persons and the entire affairs of the online gambling. From the memorandum statement of the present applicant and other accused persons, the seriousness of the offence itself reflects that their gambling activities are spread throughout India, and number of persons are involved on a huge scale. Various bank accounts, bank transactions, betting apps, and 4 modes of transactions have been disclosed by him. Therefore, the applicant is not entitled to bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by Leonard Counsel for the parties, considering the nature of allegation, and the material collected during the investigation, further considering the gravity of the offence, which has been disclosed in the memorandum statement of the applicant as well as other accused persons, which disclosed the huge network of online gambling throughout the country, active involvement of the applicant in online, gambling and money transaction through various betting apps along with other accused persons, impact of the offence and effect of Indian economy, there is prima facie evidence available against the applicant which shows his involvement in the offence in question. Huge running network of illegal online betting apps, using the betting app of Kheloyaar.com, using the bank transactions for circulation of illegal money, which is the proceeds of crime, and their entire setup of online gambling, involvement of other accused persons throughout the country, and the statement of Sameer Chouhan and Durgesh Gujratia makes the applicant disentitled for grant of bail and therefore, this court is not inclined to release the applicant on bail. 7. Accordingly, the bail application of the applicant Aman Dewangan is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved