1 2025:CGHC:1781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 230 of 2025 Aditya Prasad Khairwar S/o Sukhnath Khairwar Aged About 20 Years (Wrongly Mentioned As Aaditya In The Ordersheet) (Wrongly Mentioned As 22 In The Ordersheet) R/o Salihabhatha, Dhongdarha, Nonbirra, District- Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Kotwali Korba, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 273/2024, registered at Police Station – Kotwali Korba, District- Korba (C.G.) for the offence punishable under Sections 7 and 8 Chhattisgarh Gambling Prohibition Act, 2022 and Sections 420, 120-B of Indian Penal Code and PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.11 13:18:03 +0530 2 Section 66 (wrongly mentioned 66(C)of Information Technology Act. 2. The case of the prosecution, is that on 11.05.2023, the Kotwali Police Station received a tip from a secret informant that Prateek Kumar Vidhwani, a resident of DDM Road Korba, was engaging in online gambling and betting through his mobile phone. He was also accused of involving others in online betting. A police team raided the spot and found Prateek Vidhwani, who admitted to online betting. Two mobile phones were seized, containing chats with Mahadev Panel, Reddy Ambani, and Tata Lotus, which were used for online betting. It was alleged that Vidhwani created separate IDs for his customers and opened bank accounts for them. He also used online transactions through Google Pay and Phone Pay. Vidhwani was arrested, and a First Information Report (FIR) was filed under the Chhattisgarh Gambling Prohibition Act. The investigation led to the arrest of other accused persons, including the present applicant, and the seizure of articles. Witnesses' statements were recorded, and a charge sheet was filed on 08.07.2024, under various sections of the Chhattisgarh Gambling Prohibition Act, Indian Penal Code, and Information Technology Act. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that similarly situated co-accused, namely, Munna Khan has already been granted bail by this Court vide order dated 29.11.2024 passed in MCRC No. 8114/2024. He also submitted that the charge- sheet has been filed in this case. The applicant is in jail since 20.05.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail 3 application and submits the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that similarly situated co-accused, namely, Munna Khan has already been granted bail by this Court vide order dated 29.11.2024 passed in MCRC No. 8114/2024, further the charge-sheet has been filed in this case and the applicant is in jail since 20.05.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the bail application is allowed. Let the applicant, Aditya Prasad Khairwar, involved in Crime No. 273/2024, registered at Police Station – Kotwali Korba, District- Korba (C.G.) for the offence punishable under Sections 7 and 8 Chhattisgarh Gambling Prohibition Act, 2022 and Sections 420, 120-B of Indian Penal Code and Section 66 (wrongly mentioned 66(C)of Information Technology Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his 4 counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti