CRM-M-15418-2025 -1- 103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15418-2025 (O&M) Date of decision: 21.03.2025 Prince @ Prince Makkar ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Ashok Kumar Sama, Advocate for the petitioner. Mr. Subhash Godara, Addl. A.G., Punjab. ******* HARPREET SINGH BRAR, J. (ORAL) 1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in FIR No.26 dated 17.02.2025 under Section 13-A of the Public Gambling Act, 1867 and Section 112 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station City Fazilka, District Fazilka. 2. Brief facts of the case are that on 17.02.2025, ASI Malkit Singh VISHNU 2025.03.21 16:10 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRM-M-15418-2025 -2- received a secret information that Jagambar Singh @ Jaggi, Sandeep, Karan, Rakesh Kumar @ Keshi and Sajan are habitual of writing betting numbers and they are sitting in public place near Multani Chungi at lonely place and are preparing to give bet slips to their respective traders/hawkers, namely Vicky Gandhi, Jagdish Singh @ Dishi, Prince Makkar, Karan Singh and Balkar Singh. They are involved in many other FIRs. If a raid is conducted, the accused persons can be apprehended along with huge amount of betting slips and currency notes can be recovered. Finding the aforesaid information to be trustworthy, a ruqa was sent to the police station through Constable Jagsir Singh No.1065 and the FIR (supra) was registered against the aforementioned accused persons. 3. Learned counsel for the petitioner, inter alia, contends that the petitioner was not present at the spot and he has been falsely implicated in the FIR (supra). There is no allegation against the petitioner that he induced anybody else to participate in the darra satta or he is habitual of similar offences. The case of the petitioner is on better footings than co-accused Balkar Singh, to whom, the concession of anticipatory bail was declined by this Court. 4. Per contra, learned State counsel appears on advance notice and opposes the prayer for grant of anticipatory bail to the petitioner on the ground that complicity of the petitioner is duly established. He has taken active participation in the alleged incident. The petitioner is involved in three more VISHNU 2025.03.21 16:10 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CRM-M-15418-2025 -3- cases. Further, during the course of investigation, offence under Section 112 of BNS has been added. The investigation is at the initial stage and custodial interrogation of the petitioner is required to unearth the truth. 5. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that the petitioner has actively participated in the commission of offence. He is involved in three more cases. The investigation is at the initial stage, as such, custodial interrogation of the petitioner is imperative to ascertain the modus operandi and the manner, in which the illegal activities of betting (satta) are being carried out by the petitioner and other accused. 6. Keeping in view the facts and circumstances of the case, this Court finds no ground to grant the concession of anticipatory bail to the petitioner. Accordingly, the present petition is dismissed. 7. However, nothing observed hereinabove shall be construed as expression of opinion of this Court on merits of the case and learned trial Court shall decide the case on its own merits without being prejudiced by the observations of this Court. [ HARPREET SINGH BRAR ] 21.03.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.03.21 16:10 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh