1 2025:CGHC:27595-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 341 of 2025 1 - Himanshu Verma S/o Rajendra Verma Aged About 22 Years R/o Village - Uslapur, Post - Pondi, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) 2 - Raghuveer Verma S/o Faguram Verma Aged About 22 Years R/o Vilalge - Baiharsari, Post - Sarangpurkala, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) 3 - Kapoor Chand Verma S/o Ramdayal Verma Aged About 31 Years R/o Village - Baiharsari, Post - Sarangpurkala, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) 4 - Gaurav Chandrasen S/o Chandrakumar Chandrasen Aged About 23 Years R/o Village - Silhati, Post - Podi, Police Station And Tahsil - Bodla, District - Kabirdham (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through - The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Collector Kawardha, District - Kabirdham (C.G.) 3 - Sub-Divisional Officer Bodla, District - Kabirdham (C.G.) 4 - The Station House Officer Out Post - Pondi, Police Station - Bodla, District - Kabirdham (C.G.) ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.25 17:10:53 +0530 2 For Petitioners : Mr. Dharmesh Shrivastava, Advocate. For Respondent/State : Mr. Shashank Thakur, Dy. A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 25.06.2025 1. The present petition has been filed by the petitioners with the following prayers:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to pass an order whereby the police authorities/State may kindly be directed to pay the petitioners a sum of Rs.1,00,000/- each as compensation for mental harassment and illegal detention from 08/04/2025 to 15/04/2025. 10.3 That, any other writs and direction which this Hon'ble Court deems fit and just in the facts and circumstances of the case be granted to the petitioners.” 2. Case of prosecution, in brief, is that on 08.04.2025, the petitioners were engaged in betting in the IPL match, leading to action taken under Crime Nos. 50, 51, 52, 53/2025 under Section 6 of the 3 Chhattisgarh Gambling Prohibition Act. On the same date, 08.04.2025, the petitioners threatened and intimidated witnesses Lokesh Jangade and Chitransen Nath Yogi, accusing them of involving them in betting and acting as witnesses against them. Upon receiving information from the witnesses, when the police of Out Post Pondi reached the spot, the petitioners were found shouting loudly and attempting to assault the witnesses/villagers on the allegation that they were implicated by them. Thereafter, the petitioners were arrested on the spot on 08.04.2025 under Section 170 Bharatiya Nagarik Suraksha Sanhita, 2023 and their family members were informed about the arrest. A report under Sections 126 and 135(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 for preventive action has been prepared and submitted before the learned Sub-Divisional Officer (Revenue), Bodla, District - Kabirdham (C.G.). Statement of witnesses namely Lokesh Jangade and Chitranath Yogi were recorded and thereafter the Istgasa was filed before the respondent No.3. 3. Learned counsel for the petitioners would submit that the petitioners were granted bail on 08.04.2025 by the Sub-Divisional Magistrate, Bodla, upon furnishing a personal bond of Rs. 10,000/- with one surety of like amount. Despite complying with the bail conditions by furnishing a Rin pustika as surety on 09.04.2025, the respondent No. 3 arbitrarily sent the documents for verification and detained the petitioners, scheduling the next hearing for 15.04.2025. He further submits that this prolonged detention violates the petitioners' 4 fundamental rights under Article 21 and constitutes an abuse of authority. The petitioners seek a direction to the State authorities for payment of compensation amounting to Rs.1 lac each for mental harassment and illegal detention from 08/04/2025 to 15/04/2025. 4. Learned counsel for the State by referring the order dated 08/04/2025 submits that the petitioners herein were shown their inability to produce the bail bond for their release, they were sent to jail. On 09/04/2025, the petitioners produced the rin pustika along with affidavit, for which, the Sub-Divisional Magistrate sent the said rin pustika for verification to the Tahsildar, Bodla and after verification on 15/04/2025, they were released, hence, there is no illegality in the order releasing the petitioners on 15/04/2025. 5. We have heard learned counsel for the parties, perused the pleadings and documents. 6. Considering the entire facts and circumstances of the case; further considering the fact that from the order dated 08/04/2025, it appears that the petitioners herein were shown their inability to produce the bail bond for their release, they were sent to jail. On 09/04/2025, the petitioners produced the rin pustika along with affidavit, for which, the Sub-Divisional Magistrate sent the said rin pustika for verification to the Tahsildar, Bodla and after verification on 15/04/2025, they were released, hence, the detention of the petitioners by the respondents cannot be stated to be illegal and therefore, we are not inclined to entertain this petition. 5 7. Accordingly, the present petition is dismissed at the motion stage itself. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep