1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9666 of 2025 1 - Kapil Tolani S/o Shri Kailash Tolani Aged About 29 Years At - Street No. 5 , Telibandha, Raipur, District Raipur, C.G. ... Applicant (s) versus 1 - State Of Chhattisgarh Through P.S. Telibandha, District Raipur, C.G. ... Respondent(s) For applicant (s) : Mr. Lukesh Kumar Mishra, Advocate For Respondent(s) : Mr. Aman Tamboli, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on board 27.11.2025. 1. This is the second bail application of the applicant who has been arrested on 01.07.2025 in Crime No. 170/2025 registered at P.S. Telibandha, Raipur for the offence under Section 7 of C.G. Gambling Prohibition Act and Section 111 of B.N.S. 2023. The first bail application of the applicant has been rejected on 21.08.2025 in MCRC No. 6166/2025. The applicant approached before the Hon’ble Supreme Court claiming his regular bail by SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.11.28 10:31:48 +0530 2 filing SLP (Crl.) No. 17659/2025. The Hon’ble Supreme Court vide its order dated 06.11.2025 disposed of the aforesaid SLP by observing that :- “ However, since the charge-sheet has been filed on 18.08.2025 and charges are yet to be framed, we encourage the trial Court to expedite framing of charges. The petitioner shall be at liberty to apply for bail once the charges are framed.” thereafter, the applicant has filed the second bail application. 2. The prosecution’s case is that, on 23.03.2025, the Telibandha Police received a secret information that two persons near Gali No. 3, opposite Gautam Daily Needs, Telibandha, Raipur are engaged in playing only gambling through their mobile phone and the police party conducted raid there, Two accused persons Chanchal Das Jaisinghani and Gautam Ahuja were arrested and on being interrogation, they admitted playing only gambling through unclebet9.com having its ID code ‘cut7143’ through their mobile phone No. 6262966944 and 9303934525 in cricket match and other games. They also disclosed that they along with the present applicant Kapil Tolani engaged in online gambling through kinddombook9.com having its ID code ‘kp78dd’ and link of the said ID was sent by the present applicant through his mobile number 6262966944 through whatsapp and his password is ‘gautam123’. The mobile phones of two accused persons have been seized and after seeing the link ID code of the said mobile phone, panchanama was prepared and they have been arrested. FIR has been registered and after investigation, charge sheet has been filed. The applicant was arrested on 01.07.2025. 3. Learned counsel of the applicant would submit that although the first bail application of the applicant was rejected on merits vide order dated 3 21.08.2025, but a liberty was granted in favour of the applicant by Hon’ble Supreme Court that he may revive his bail application once the charges are framed. He would further submit that during the trial of the case, four witnesses have been examined on 13.11.2025 and 14.11.2025, in which the memorandum and seizure witnesses have not duly supported the prosecution’s case and the case of the applicant is based only on the memorandum and seizure witnesses. The applicant is in jail since 01.07.2025 and final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 4. When an specific query has been raised from the learned counsel for the applicant, as to when the charges have been framed by the learned trial Court, he would fairly submit that the charges have been framed prior to the date of 06.11.2025 which is the date on which the Hon’ble Supreme Court has passed its order. 5. On the other hand, learned counsel appearing for the State would submit that trial is in progress and out of total 09 witnesses, 04 witnesses have already been examined. The first bail application of the applicant has already been rejected on merits and therefore, the applicant is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary as well as the material annexed with the bail application. 7. It transpires from the order sheet dated 21.08.2025 passed in MCRC No. 6166/2025 that the first bail application of the applicant is rejected on merits, thereafter, the applicant has approached before the Hon’ble Supreme Court in SLP (Crl.) No. 17659/2025 in which on 06.11.2025, the 4 Hon’ble Supreme Court has disposed of the said SLP and liberty was granted to repeat the bail application once the charges are framed. Admittedly, the charges were already framed before the learned trial Court prior to 06.11.2025 when the SLP of the applicant has been disposed of by the Hon’ble Supreme Court and the applicant has not informed the Hon’ble Supreme court that charges have already been framed yet they have taken liberty to repeat his bail application after framing of the charges. Now, out of the total 09 cited witnesses, 4 witnesses have already been examined and the learned counsel for the applicant argued on merits of the case that the memorandum and seizure witnesses have not supported the prosecution’s case which in the opinion of this Court amounts to appreciation of the evidence of witnesses and this Court, at this stage, cannot appreciate the evidence of the witnesses which may prejudice the ultimate outcome of the trial. 8. Accordingly, I am not inclined to admit the second bail application of the applicant and the same is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika