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2025 DAILYLAW 41006 (CHH)

SANDIP YADAV v. STATE OF CHHATTISGARH

MCRC/6891/2025 · 2025-09-11

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:46945 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6891 of 2025 1 - Sandip Yadav S/o Ramavadh Yadav, Aged About 20 Years R/o Village Jabdapara Sarkanda, P.S. Sarkanda, District Bilaspur (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, Police Station Sipat, District Bilaspur (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Anchal Kumar Matre, Advocate. For State/Non-applicant : Ms. Smita Jha, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 12-09-2025 1. This is first bail application filed by the applicant under Section 483 of the BNSS before this Court for grant of regular bail. The applicant has been arrested on 16-07-2025 in connection with Crime No.401/2025 registered at Police Station- Sipat, District Bilaspur (C.G.) for commission of offence punishable under Section 3(2) of the Chhattisgarh Gambling (Prohibition) Act and 112 of BNS. 2. The case of the prosecution is that, on 16-07-2025 the police of Police Station Sipat, District Bilaspur received secret information that the accused persons are engaged in playing gambling by playing cards at Village Luthara. On the basis of secret information when the police party conducted raid, they found the 8 accused persons engaged in playing gambling by playing cards, they were Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.12 19:27:36 +0530 2 arrested and total Rs.7,450/- cash amount, 9 mobile phones, three packets of playing cards and one plastic tarpaulin have been seized from them. From the present applicant cash of Rs.900/- and one mobile phone has been seized. After investigation charge sheet has been filed. 3. Learned counsel for the applicant would submit that the applicant had gone to enjoy picnic where they were enjoying playing cards, but not engaged in playing gambling by betting cash on it. The other accused persons have been released on bail by the learned trail Court, whereas, the applicant’s bail application has been rejected by the learned trial Court on the ground that he is having criminal antecedent of offence under Section 379 of the IPC. The applicant is in jail since 16-07-2025, the investigation has been completed and charge sheet has been filed and the final adjudication of the case will take its own time. Therefore, the applicant may be enlarged on bail. 4. On the other hand, learned counsel for the State opposes the application and submits that the applicant is having 3 criminal antecedents of the offence under 379 of the IPC. Though the other co-accused persons have been released on bail by the learned trial Court, but looking to the criminal antecedents of the applicant, he is not entitled for bail. 5. I have heard counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the facts that the other co-accused persons have been released on bail by the learned trial Court and there is no criminal antecedent of the applicant of the offence under the Chhattisgarh Gambling (Prohibition) Act, the applicant is in jail since 16-07-2025 and there is every possibility of delay in conclusion of the trial, I am inclined to release the applicant on bail. 7. Accordingly, the application filed by the applicant for grant of regular bail is 3 allowed. 8. It is directed that the applicant Sandip Yadav shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the 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/her from disclosing such facts to the Court ; (ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Aadil