1 2025:CGHC:32461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4559 of 2025 1 - Moinuddin Khan Alias Raja Pathan (Wrongly Noted Padan) S/o Nijamuddin Aged About 37 Years R/o Ward No. 19, Shubhas Chouk, Dallirajha Thana - Rajhara, Tahsil Doundi, Dist - Balod Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Doundi, District - Balod Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Navin Shukla, Advocate For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 10/07/2025 1. This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is arrested on 15.05.2025, in connection with Crime No. 04 of 2025, registered at Police Station Doundi, District Balod (C.G.), for the offence under Section 6 of Chhattisgarh Gambling (Prohibition) Act, 2022. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.11 19:14:10 +0530 2 2. The case of prosecution is that, on 10.01.2025, while patrolling, the police has received a secret information that, a person is engaged in playing chit gambling near Hanuman Mandir at village Kunwa Gondi. When the police conducted raid, the other persons fled away from there and the co-accused Santosh Khursiyam was caught red- handed. From Santosh Khursiyam, the gambling chit, cash of Rs. 960/- and a mobile phone has been seized. On being interrogation, he disclosed the name of the present applicant that on his instance and for him, he engaged in playing chit gambling and he connected through the present applicant through the mobile phone No. 9630305558 and 9993687915 and sent the gambling chit through WhatsApp to him. The police have arrested the applicant also and charge sheet has been filed. 3. Learned counsel for the applicant would submit that, there is no direct evidence against the applicant in the case regarding his involvement, either in conspiracy with other accused persons or engaged in playing chit gambling. There is no incriminating material recovered from the mobile phone of the present applicant. Except for the memorandum statement, nothing substantive evidence is available in the charge sheet against the applicant. There is no evidence that he directly connected with co-accused Santosh Khursiyam. There is no sufficient material with respect to involvement of the present applicant in the offence in question. He is in jail since 15.05.2025, final adjudication of the case will take its own time, and therefore, he may be released on bail. 3 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and submitted that from the investigation the name of the present applicant appears and there is sufficient evidence in the charge sheet of his involvement in the offence in question. The accused persons have organized the crime of chit gambling and connected through mobile phone by exchanging messages through WhatsApp and operating the affairs of chit gambling. The applicant is having 07 criminal antecedents under the IPC including one offence of the Gambling Act, therefore, he is not entitled for 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 chit gambling along with the co-accused, memorandum statements of the applicant as well as the co-accused and his criminal antecedents, the gravity of the offence, the manner in which the offence is organized and impact of the alleged offence, I am not inclined to release the applicant on bail. 7. Accordingly, at this stage, the bail application of present applicant Moinuddin Khan @ Raja Pathan is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved