Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31146
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 840 of 2025 1 - Mirza Rajjaq Beg S/o Mirza Jamal Beg Aged About 47 Years R/o Ward No. 15, H. No. 1, Ambagarh Chowki, Tahsil And Police Station - Ambagarh Chowki, District- M.M.C. (C.G.)
... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station-Gandai, District- Khairagarh, Chhuikhadan-Gandai (C.G.)
... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Amit Singh Chouhan, Advocate For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 03/07/2025
1. The present is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 96 of 2025, registered at Police Station Gandai, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 6, 7 of the Chhattisgarh Gambling (Prohibition) Act,
2022. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.08 18:10:57 +0530
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2. The case of the prosecution is that, on 24.04.2025, during the patrolling, the police of police station Gandai received a secret information that, a person is engaged in online gambling in his house at Ward No. 8, Ravanpara, Gandai. The police conducted raid and caught red-handed the co-accused Shivkaran Ratre @ Banchakhna and from him one mobile phone and Rs. 770/- cash have been seized. On being interrogation, he disclosed that he is playing gambling with others on 10% commission from Saheb Khan and he sent the gambling bet on his mobile number 9131608809 and the money transaction was made with the wife of Zahir Qureshi, niece of Babu Khan. He also disclosed that, Saheb Khan has forwarded the money transaction to Rajjak Khan, who is the resident of Ambagarh chowki. He also made cash transaction of gambling with Babu Khan @ Salman Ali. The police has registered the offence on 24.04.2025 for the offence under Sections 6 and 7 of Chhattisgarh Gambling (Prohibition) Act, 2022, in which the applicant is apprehending his arrest.
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Learned counsel for the applicant would submit that, except the memorandum statement of the co-accused Shivkumar Ratre, there is no other evidence in the case against the applicant, which shows his involvement in the offence in question. There is no data recovered from the mobile phone of the co-accused, which connects the applicant with the offence in question or money transaction with him. Only on the suspicion, the police have registered the offence against the applicant and in absence of any cogent and clinching material, he
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4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and submitted that, in the memorandum statement of co-accused Shivkaran Ratre, the involvement of the present applicant is disclosed. The manner in which, they managed and organized the crime with the collusion of other accused persons have also been disclosed, which prima facie shows the involvement of the present applicant in the alleged offence. Against the present applicant, there are criminal antecedents of the offence of same nature bearing Crime No. 77 of 2024, registered at police station Gandai and Crime No. 173 of 2020, registered at police station Ambagarh chowki, therefore, he is not entitled for anticipatory bail.
5. I have heard the learned counsel for the parties and perused the case diary.
6. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicant regarding his involvement in the offence in question, gravity of the offence and its impact of organized crime, further considering the statement of Arun Gosai and Amit Daggar and entire facts and circumstances of the case including the criminal antecedents against the applicant, I am not inclined to release the applicant on anticipatory bail.
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7. Accordingly, the present anticipatory bail application filed by applicant Mirza Rajjaq Beg is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved