1 2025:CGHC:41320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6024 of 2025 1 - Umeshwar Nishad S/o Ashok Nishad Aged About 43 Years R/o Ward No. 10 Daundilohara, P.S. Daundilohara, Distt. Balod Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through S.H.O. Daundilohara District Balod Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. B.P. Singh, Advocate For Respondent(s)/State : Mr. Smita Jha, 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. 91 of 2025, registered at Police Station Daundilohara, District Balod (C.G.) for the offence under Section 6 of Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of the prosecution is that, on 01-07-2025, on being secret information, the police of police station Daundi Lohara conducted raid VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.18 18:46:05 +0530 2 and found the applicant engaged in playing chit gambling at Bhediya Colony, Daundi Lohara. From the applicant, Rs. 7,650/- cash, two items of gambling chit, one dot pen and one mobile has been seized. The applicant has been arrested on 02-07-2025. The FIR has been registered 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 gambling chit is in fact an statement of account with respect to the grocery item, which he purchased from the market, and while returning to his house through Bhediya Colony, the police retained him on the suspicion that he is engaged in playing chit gambling. He would further submit that, though two offences of the same nature have been registered, but the same was of the year 2014 and he has been acquitted from both these offences. The applicant is in jail since 02-07-2025, the charge sheet has been filed, the offence is triable by the Judicial Magistrate First Class, final adjudication of the case will take its own time, and therefore, he may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes and submits that the applicant was caught red-handed, while he was engaged in playing in chit gambling. The gambling chit was also seized from him. He is having criminal incident of the same nature of offence, 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. 3 6. Considering the submissions made by learned counsel for the parties, considering the nature of offence and material collected during the investigation, further considering the fact that two offences of similar nature was of the year 2014, and the applicant has been acquitted from those offences. He is in jail since 02-07-2025, the charge sheet has been filed, the offence is triable by the Judicial Magistrate First Class, without committing anything on merits, 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. (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