2025:CGHC:6169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 500 of 2025 Devendra Soni S/o Mahanand Soni Aged About 41 Years R/o - Ashok Nagar, Police Station- Sarkanda District- Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur, Chhattisgarh ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Applicant : Shri Ishan Verma, Advocate For Respondent/State : Shri Jitendra Shrivastava, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 03.02.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 27.12.2024 in connection with Crime No.1612 of 2024 registered at PS- Sarkanda, District- Bilaspur, Chhattisgarh for the offence punishable under Section 112 of the Bharatiya Nyay Samhita (BNS), and Section 6(a) of the CG Gambling (Prohibition) Act, 2022. Mcrc 500 of 2025 2 3. Case of the prosecution in brief is that on 19.12.2024, on receiving a secret information, Police of Police Station-Sarkanda intercepted the co-accused Harishchandra Vamshakar @ Bhajju, while he was engaged in playing chit gambling. From the co-accused, certain gambling chits, one dot pen, one mobile phone, and cash of Rs.1,640/- have been seized, and he has been arrested. On his memorandum, it was disclosed that he was engaged in playing chit gambling by the present applicant, and present applicant is the person who was playing chit gambling, and the co-accused is only an agent of present applicant. Thereafter, present applicant has also been arrested on 27.12.2024, and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that except the memorandum of the co-accused person Harishchandra Vamshakar @ Bhajju, there is no other evidence against the present applicant, no any incriminating article has been seized from him. He would further submit that although earlier, certain offences of similar nature have been registered against the present applicant, most of the cases have been disposed of, and only the offence committed under the Excise Act is pending against him. He is the only bread-winner of his family, and he is in jail since 27.12.2024, investigation has already been completed, and charge-sheet has been filed. Final adjudication of the case will take some time, therefore, applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that looking to the past criminal antecedents of the appellant of similar nature, he is not entitled for bail. Mcrc 500 of 2025 3 6. Heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation, particularly, the fact that though certain offences have been registered against the present applicant, as stated by learned counsel for the applicant, all the cases have been disposed of except the offence of Excise Act, applicant is in jail since 27.12.2024, offences are triable by the Judicial Magistrate First Class, and final adjudication of the case would take some more time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Devendra Soni, s/o Mahanand Soni, is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.50,000/- with two sureties of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant 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 facts to the Court or to any Police Officer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma