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2025 DAILYLAW 36962 (CHH)

P.I. AKBAR v. STATE OF CHHATTISGARH

MCRC/5998/2025 · 2025-08-13

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:41326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5998 of 2025 1 - P.I. Akbar S/o Late P. M. Ibrahim Aged About 55 Years R/o Ward No. 22, Rajhara P.S. Rajhara, District Balod, Chhattisgarh (Details Of Cause Title Mentioned As Per E-Court Services Online Case Status) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Dallirajhara, District Balod, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Ashwin Panickar, Advocate For Respondent(s)/State : Mr. Aditya Tiwari, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board 14/08/2025 1. This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail. The applicant has been arrested in connection with Crime No. 202 of 2025, registered at Police Station Dallirajhara, District Balod (C.G.) for the offence under Section 6 of Chhattisgarh Gambling (Prohibition) Act, 2022. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.18 18:36:35 +0530 2 2. The case of the prosecution is that on a secret information received by the police on 01-07-2025, the house of the applicant was searched by the police and the applicant was found engaged in playing chit gambling. From the applicant, an amount of Rs.15,000/- cash, a gambling chit and a mobile phone has been seized. FIR has been registered and he has been arrested on 01-07-2025 and the charge sheet has been filed. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the offence. The police has repeatedly found engaged him in various offences. It was not the gambling chit, as projected by the police, but it was an account statement of various expenses during the marriage ceremony of the niece of the applicant. The applicant is running the fishing business and he used to maintain the account in various papers, who have purchased the fish from his shop. He would also submit that though earlier other offences have been registered against the applicant, but in three offences, he has been acquitted vide judgment dated 19-06-2017, 24-03-2021 and 04-12-2023. The other offences are quite old, which were of the years 1993, 1995 and 2006, and there is no any offence after the year 2020. The applicant is in jail since 01-07-2025, investigation has been completed and the charge sheet has been filed, final adjudication of the case will take its own time, the offence is triable by Judicial Magistrate First Class, and therefore, he may be enlarged on bail. 3 4. On the other hand, learned counsel for the State opposes and has submitted that the applicant is a habitual offender and having seven criminal incidents of the same nature of offence. He was caught red- handed in playing chit gambling, and therefore, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the material available in the case. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegations and the material collected during the investigation, further considering that in three offences, the applicant has been acquitted and the other offences are of quite old. The applicant is in jail since 01-07-2025 and the charge sheet has been filed, without commenting anything on the case, I am inclined to release the applicant on bail. 7. Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed. 8. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, on following conditions:- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. 4 (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge ved