1 2025:CGHC:19517 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 394 of 2025 1 - Gopal Baheti S/o Kailash Baheti Aged About 42 Years R/o House No. A-401, C.G. Heights, Daldal Seoni Road, P.S. Mowa, Pandri, District- Raipur (C.G.) ... appellant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station D.D. Nagar, District- Raipur (C.G.) ... Respondent(s) For appellant : Ms. Muskan Fatwani, Advocate For Respondent(s) : Ms. Sunita Manikpuri, Dy. G.A. S.B. Hon’ble Ravindra Kumar Agrawal, Judge Order on Board 29 .04.2025 1. The anticipatory bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS, 2023”) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 104/2025 registered at Police Station D. D. Nagar, Dist- Raipur (CG) for the offence punishable under Section 7 of the Chhattisgarh Gambling Prohibition Act, 2022. 2 2. As per the prosecution’s case, on 04.03.2025 the Police of Police Station D. D. Nagar, Raipur received a secret information that two persons were engaged in online gambling and playing betting in India - Australia Cricket Match and sitting in the blue color car near Rohinipuram Pond. When the Police intercepted the car, they found two persons engaged in playing online gambling in the cricket match who disclosed their name as Sourabh Jain and Vikas Kumar Agrawal. On being interrogation, they disclosed that they are playing online gambling in Classicexch.99.com. And used to betting after login with that website and inserted his password and after punching his password he is playing online gambling. He also disclosed that the I.D and password of that Classicexch.99.com has been provided by the present applicant Gopal Baheti. He also disclosed that the present applicant is provided the I.D and Password to other persons also for playing of online gambling. From the accused Vikas Kumar Agrawal, one I-Phone having Sim No. 9111372000 and Sim No. 87705554656 of Jio Company, one Jaguar Car bearing No. CG 04 M 0008 and cash of Rs. 2 Lakhs have been seized and from the accused Sourabh Jain, one Vivo Company mobile having sim of 9685977872 and another sim of 8435899755 were seized. The offence has been registered and during the investigation the other accused persons were arrested in which the present applicant is also apprehending his arrest. 3. Learned counsel for the applicant would submit that there is no material against the present applicant that he is also involved in the present offence. There is only the memorandum statement of co- accused persons which are not admissible and accept their 3 memorandum, there is no material in the case diary to connect the applicant in the offence in question. She would further submit that there is no sufficient material extracted from the mobile phone of the other accused persons Sourabh Jain and Vikas Kumar Agrawal, which disclosed that the present applicant is also involved in online gambling. The allegation against the present applicant is that he provided the ID and Password to the other persons, but there is no such material for the same. The offence is punishable with maximum sentence of 3 years imprisonment for the first offence. The applicant is having responsibility of his family. There is no criminal antecedent against the present applicant. The applicant is suffering from acute necrotizing pancreatitis and his treatment is continued at AIG Hospital, Hyderabad. If, he would be arrested, he would face the various hardship with respect to his ailment. He will cooperate with the investigation and will face the trial and therefore, he may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposes the submissions made by the learned counsel for the applicant and submitted that it is an organized crime in which the present applicant provided ID and Password to play the online gambling through Classicexch.99.com. He also provided the said ID and Password to other persons to play online gambling. The investigation is going on and after arrest of the applicant, the necessary material is to be collected which could not be possible without his arrest. Considering the nature of offence and considering the graving of the offence and also the organized crime of online gambling, he is not entitled for anticipatory bail, however, he 4 would submit that the State will take care the ailment of the applicant if he would be arrest and any treatment is required to him. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the parties, considering the nature of allegation and the material collected during the investigation, further considering that the online gambling is a organized crime, having various facets, the matter is under investigation in which the witnesses have stated about the involvement of the accused persons that the present applicant provided the ID and Password for playing online gambling in the said website through mobile phone and also considering the entire scenario of the offence as well as its operation through online mode and its gravity, I am not inclined to release the applicant on anticipatory bail. 7. Accordingly, the anticipatory bail application filed by the applicant is Rejected. Sd/- (Ravindra Kumar Agrawal) Judge sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.16 12:21:07 +0530