1 2025:CGHC:31125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4421 of 2025 1 - Rahul Choudhary S/o Devendra Kumar Choudhary Aged About 34 Years Moti Mahal Maitri Nagar Mahadev Ghat Road P.S. Dd Nagar Distt. Raipur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Vaishali Nagar, District Durg (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Awadh Tripathi, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Dy. G.A. 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 13-04-2025, for the offence of Crime No. 77 of 2025 registered at Police Station Vaishali Nagar, Durg (C.G.), for the offence under Sections 318(4), 230 and 3(5) of VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:31:19 +0530 2 Bhartiya Nyaya Sanhita, 2023 (in short “BNS”) and Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of the prosecution is that on 10-04-2024, the police of Police Station Vaishali Nagar, Durg, received secret information that a person is engaged in online gambling through his mobile phone at Vrinda Nagar and putting bets on the Cricket match online. On a raid being conducted, the police have arrested the co-accused Fakhruddin @ Fakkhu @ Raju @ Raja and 03 mobile phones, 01 ATM card, motorcycle and cash of Rs. 11,100/- have been seized from him. From the mobile phone of the applicant, ID of Samim87 and password abcd1234, ID of 5000sssh and password Fakku123456, for the online betting app of mysport9 and betbhai9 and huge money transactions through electronic mode of payment through online, were recovered. On being interrogation, he disclosed that he is engaged in playing online gambling in Cricket match along with the present applicant Rahul Choudhary on his mobile number 7879555556. He also disclosed that for the payment of money, he used the Phonepay No. 9109047364 of the bank account of Sukha Mahanand, resident of Odisha, and also used his other bank accounts. The applicant was also arrested on 13-04-2025, and his memorandum statement was also recorded. Rs. 17,000/- cash has been seized from the applicant. Statement of Sukha Mahanand, Seema Devi and others have also been recorded who disclosed about the opening of the bank account fraudulently, by the accused persons, by keeping them in assurance that it was opened for the 3 benefit of the government scheme. After the completion of the trial, 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 applicant or the co-accused, there is no admissible evidence in the charge sheet against him that connects him with the offence in question. He would further submit that on 10-04-2025, the co- accused Fakhruddin was arrested and his memorandum statement was recorded, but on that day, he did not disclose any connection with the present applicant that he, along with the present applicant, engaged in playing online gambling. On 13-04-2025, his memorandum statement was again recorded, in which he disclosed a different story, which is not believable. The chats and WhatsApp messages, and call details are not sufficient to prima facie come to the conclusion that the applicant is also involved in the offence. The money transaction is made from the account of Sukha Mahanand, that too by the co-accused Fakhruddin and not from the account of the present applicant. Without any sufficient evidence, he was arrested on 13-04-2025. 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 playing online gambling along with other accused persons. Regular transaction of a huge money was found 4 from the Axis Bank account of the applicant to various persons, and the bank account statement is available in the charge sheet. It is an organised crime that is designed by the accused persons and uses the bank account of Sukha Mahanand and Seema Devi, so that they may not directly come into the picture. The statements of witnesses Sanjay Thakur, Roshan Sahani are also there, in whose presence, the co-accused disclosed the involvement of the present applicant in playing online gambling. Various incriminating materials have been recovered from the mobile phone with respect to online gambling and money transactions with the applicant. There is criminal antecedent against the applicant for same nature of offences and the Crime No. 436 of 2021 registered at Police Station Telibandha, Raipur, Crime No. 05 of 2019 registered at Police Station Purani Basti, Raipur, Crime No. 273 of 2019 registered at Police Station Kabir Nagar, Raipur, and Crime No. 232 of 2013 registered at Police Station Raipur. Therefore, the applicant is not entitled for 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 bank account details of the applicant in which huge transaction of money is reflected, statement of the witnesses Sanjay Thakur, Roshan Sahani, Sukha Mahanand and Seema Devi, the WhatsApp chats and money transaction details extracted from the mobile phone which shows the involvement of the applicant in online 5 gambling, and also that the manner in which the accused persons including the present applicant organized the crime, also considering the criminal antecedents of the applicant, I am not inclined to release the applicant on bail. Playing online gambling through an illegal betting app does affect the economy of the country and has an adverse impact on society. 7. Accordingly, the bail application of the applicant Rahul Choudhary is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved