1 2025:CGHC:48666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1413 of 2025 1 - Mukesh Motwani S/o Late Shri Kishan Chand Motwani Aged About 26 Years R/o Ward No. 09, Near Godadi Dham, Neora, Tilda Neora, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tilda Neora, District- Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Mayank Kumar, Advocate For Respondent(s) : Mr. Sanjeev Pandey, Dy. A.G. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 22.09.2025 1. This is the first bail application filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS”) for grant of anticipatory bail to the applicant, who is apprehending his arrested on in Crime No. 125 of 2025, registered at Police Station Tilda-Nevra, for the offence under Sections 111, 318(4), 338, 336(3), 340(2), 61(2), 112(2) of Bhartiya Nyaya Sanhita, 2023 (in short “BNS”), SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.09.24 09:46:48 +0530 2 Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022, and Section 4(a) of the Public Gambling Act, (C.G. Amendment Act) 1976. 2. The prosecution’s case in brief is that, on 03-04-2025, the police received secret information that the co-accused Harsh Panjwani is engaged in online gambling through the “Gajanand App” in his house. During a raid, he was intercepted by the police. Upon interrogation, he disclosed that he engaged in online gambling through “fair-play gaming panel No. 07, 12 and 13 of Gajanand App”. From him, 04 mobile phones, cash of Rs. 3,400/-, 05 Bank-passbooks, 08 cheque-books, 08 ATM cards, 06 account books, Aadhar Card, Pan Card and Passport, have been seized. From the mobile phone of the co-accused, Harsh Panjwani, the data was extracted, in which it was found that he was running a mobile group in the name of “New Feedback”. The involvement of the other accused persons, namely Shiva Sen, mobile number 9630118110, Khubi Ram Patel, mobile number 7733995585 and Shailendra, mobile number 7415942378, was found, who were actively involved in the running of said “New Feedback” group and fair play gaming panel numbers 7,12 and 13. They used the mule bank account for the transaction of money received through online gambling. From the analysis of the mobile phone of Harsh Panjwani, the SDR mobile number of Govind Lalwani was recovered and found that he also involved in online gambling. From the memorandum statement of Sonu @ Shiva Sen, Khubi Ram Patel and Shailendra @ Sonu, it comes that the co-accused Nandu Lalwani, took the SIM card of mobile Nos. 7415942378, 7733995585 and 9630118110, in their names fraudulently, and engaged in playing online gambling through 3 panels No. 7, 12 and 13. Nandu Lalwani was also arrested by the police, and his memorandum statement was also recorded. He disclosed in his memorandum statement that he was connected with panel No. 13 of “Gajanand App” through his mobile No. 8982439948 and thereafter destroyed the said SIM. During the investigation, the details of the suspected bank account were obtained, and it was frozen. During the investigation, the name of co-accused Sunny Wadhwani also came and in his memorandum statement, the involvement of the present applicant was disclosed. From the memorandum statement of Nandu Lalwani and the statement of Section 180 BNSS (161 CrPC) of witnesses Lokesh Giri Goswami, Devendra Kumar Verma, the role of the present applicant is disclosed in association with the other accused persons and the syndicate of the accused persons. Thus, the present applicant Mukesh Motwani is apprehending his arrest. 3. Learned counsel appearing for the applicants would submit that the investigating agency has acted most arbitrarily, and it had nothing but an ill-motivated and mala fide intention to implicate the applicant in the offence. He has no connection or association in any way, either with the affairs of the business of “Gajanand App” or have receiving the proceeds of crime. He would further submit that the prosecution has failed to establish the link between the present applicant with the alleged offence. He would further submit that in order to save the other accused persons, the present applicant has been implicated in the offence. There is no evidence against the present applicant that he was actively involved in operating any penal of “Gajanand App” or any other 4 betting app, but it is alleged that on the Aadhar Card of the present applicant, a SIM card was purchased and the transaction of money was made. He would further submit that there is no evidence collected by the prosecution that the mobile phones and SIM cards, which are allegedly seized from the co-accused persons, are actually used in an online betting app. There is no connection between the applicant with that of “Gajanand App”, or “fair play gaming panel Nos. 7, 12 and 13. The prosecution agency has collected the electronic evidence, for which there is no basis that the applicant is involved in the offence. There are no ingredients of cheating in the material collected during the investigation. No offence of either cheating, forgery of valuable security, using as genuine a forged document as genuine, any criminal conspiracy, or even causing the disappearance of any evidence. The electronic evidence collected by the prosecution is a very weak type of evidence, on which there is no possibility of sustaining a conviction of the applicant. The applicant is a young boy of 26 years of age, having a good reputation in the locality and community. Therefore, he may be granted anticipatory bail. He would rely upon the judgment passed by Hon’ble Supreme Court reported in 2022 (13) SCC 246 (SK Supiyan Alias Suffiyan Alias Supisan v. Central Bureau of Investigation). 4. Per contra, learned counsel for the State vehemently opposed the submissions of learned counsel for the applicants and has submitted that during the investigation, from the mobile phone of the co-accused Harsh Panjwani, the involvement of the other accused persons Shiva Sen, Khubi Ram Patel and Shailendra were found, and from them, the connection of the present applicants with the alleged “Gajanand App” 5 and fair play gaming panel No. 7, 12 and 13 were found. From the analysis of their mobile phones, it was also found that they are actively engaged in online gambling and money transactions through mule bank accounts. The other accused persons are still absconding. It is also submitted by him that based on the Aadhar Card of the present applicant, a SIM card was purchased and the same was used in the money transaction of an illegal app. He would further submit that from the memorandum statement of the co-accused persons, the involvement of the applicant in the offence in question has been duly connected. He would also submit that the regular bail application of co- accused Nandlal @ Nandu Lalwani and Govind @ Baban Lalwani has been rejected by this court vide order dated 16-09-2025 passed in MCrC No. 6748/2025. In the present case, there is sufficient evidence available against the present applicant that he is also involved in the alleged offence and looking to the seriousness of the offence, he is not entitled to be released on anticipatory bail. 5. I have heard learned counsel for the parties and perused the material placed in the present case by both parties, and also the case diary. 6. In the present case, the statements of Lokesh Giri Goswami and Devendra Kumar Verma, have been recorded in which they clearly stated about the involvement of the present applicant in the offence in question. Lokesh Giri Goswami is the witness of the fact that he purchased a SIM card in his name and gave it to the present applicant because he was the shop owner where this witness was working. The said SIM was used in online gambling of “Gajanand App” by Mukesh Motwani with the collusion of Nandlal Lalwani and Govind Lalwani. 6 Devendra Kumar Verma is the witness of the fact that the present applicant is the care taker of the business of the co-accused Nandlal Lalwani and Govind Lalwani. He disclosed that the present applicant was actively involved in online gambling through “Gajanand App” and money transaction received through illegal betting. From the memorandum statement of Nandlal Lalwani and Sunny Wadhwani, active participation of the present applicant Mukesh Motwani is disclosed with the association with other co-accused person in online gambling. From the electronic evidence of mobile devices and the data extracted from it, their engagement and close connection are also revealed. 7. The Hon'ble Supreme Court in the case of Y.S. Jagan Mohan Reddy Vs. CBI, reported in (2013) 7 SCC 439 has held in para 34 and 35 of its judgment that:- "34. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 35. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.” 7 8. Having considered the rival submissions made by respective parties, as also from the material produced in the present case, it is not acceptable that the present applicant did not know about the transactions of Gajanand App and the money obtained by him. Seizure of mobile phones and SIM cards from the co-accused persons and statements of the witnesses clearly demonstrate their association with the others, who were associated with “Gajanand App” and “Fair Play”. Denial by the applicant itself is not sufficient to consider prima facie that there is no mens rea of the applicant for the said offence. Although the statements of the witnesses are required to be tested at the time of trial; however, for the consideration of an anticipatory bail application, the statements of the witnesses are relevant. Further, the regular bail application of co-accused persons Nandlal @ Nandu Lalwani and Govind @ Baban Lalwani has been rejected on 16-09-2025 in MCrC No. 6748/2025. 9. The judgment cited by the learned counsel for the applicant is on different facts and different considerations, and therefore, no benefit could be extended to the applicant from that judgment. 10. As has been discussed hereinabove, it cannot be said that there is no involvement of the applicant in the offence in question. It is an organized crime having various facets of its complexion; therefore, further considering the nature of the offence and material collected during the investigation, this Court is satisfied that there is prima facie evidence for believing that the applicant is involved in the offence; therefore, I am not inclined to release the applicant on anticipatory bail. 8 11. Consequently, the present anticipatory bail application filed by the applicant, Mukesh Motwani is rejected. Sd/- (Ravindra Kumar Agrawal) Judge sagrika