AJAY @ AJJU SHRIVASTAV v. THE STATE OF CHHATTISGARH
MCRCA/1374/2025 · 2025-09-21
Shri Ravindra Kumar Agrawal
Transfer Petitionbody2025
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[ 2025 DAILYLAW 51076 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 51076 (CHH) · dailylaw.ai ]
Judgment text
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1
2025:CGHC:48667
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1374 of 2025 1 - Ajay @ Ajju Shrivastav S/o Ramesh Shrivastav Aged About 28 Years R/o Ward No. 27, P.S. Khursipar, Bhilai, Distt. Durg, Chhattisgarh. 2 - Shahid Ansari S/o Atiq Ansari Aged About 24 Years R/o Kohka, Post Smriti Nagar, P.S. Supela, Bhilai, Distt. Durg, Chhattisgarh.
... Applicant(s) versus 1 - The State Of Chhattisgarh Through Sho, P.S. Supela, Distt. Durg, Chhattisgarh.
... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Shikhar Bakhtiyar, Advocate For Respondent(s)/State : Ms. Pragya Shrivastava, Deputy G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 22/09/2025
1. The present is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking for grant of anticipatory bail VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.06 16:31:11 +0530
2 to the applicants, who are apprehending their arrest in connection with Crime No. 702 of 2025, registered at Police Station Supela, Outpost Smriti Nagar, District Durg (C.G.) for the offence punishable under Sections 7 and 8 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
1. The case of the prosecution is that, on 14.06.2025, on a secrete information being received by the police that a person is engaged in online gambling through his mobile phone at Chouhan Green Valley, Junwani, the police conducted raid and found Jitendra Kumar Sharma (co-accused) in his scooty and on his interrogation he disclosed that the co-accused Debu Singh had made a telephonic call from his mobile No. 7224018025 to his mobile No. 9717027792 for online gambling and then he along with the present applicants Ajay Kumar @ Ajju and Shahid Ansari started online gambling at a rented house at Chouhan Green Valley. He also disclosed that one Dubey has provided SIM cards, 12 ATM cards, various bank passbooks and cheque books of different persons. From Jitendra Kumar Sharma, 12 ATM cards, cheque books, passbooks, 03 SIM cards and Rs. 2000/- cash have been seized and from his mobile phone, the online gambling app, transfer of bank account number and money transactions were found. Two mobile phones having SIM numbers of 9117027792, 9505197368 and 7415775159, unnumbered Jupiter scooty have also been seized from him. In investigation, it was found that all the accused persons were engaged in online gambling through Anna App and used bank accounts of other persons for money transactions obtained through
3 online gambling. The 30 bank accounts, from which the money transactions was made by the accused persons, were freezed, in which more than crores of rupees were transacted. Against the arrested accused persons Jitendra Sharma, charge sheet has been filed and the present applicants are apprehending their arrest.
2.
Learned counsel for the applicants would submit that, there is no evidence against the applicants that they engaged in online gambling with other co-accused persons. Neither any electronic evidence nor any direct evidence or any incriminating material seized against the present applicants, which connects them with the offence in question. Even through the mobile phone of the co-accused Jitendra Sharma, their involvement is not there with the offence in question. The applicants are not connected with the other co-accused persons. The co-accused Jitendra Sharma has been released on regular bail by the learned Sessions Court and the case of the present applicants are much better than the case of co-accused person. There is no criminal antecedent against the present applicants. They are having good reputation in the society and community, and therefore, they may be enlarged on anticipatory bail. 3. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicants and submitted that, in the memorandum statement of co-accused Jitendra Sharma, the name of the present applicants appears that they are engaged in playing online gambling through Anna Satta App and from co-accused Jitendra Sharma, two mobile phones, 12 ATM
4 cards, various passbooks, cheque books of different persons and 03 SIM cards have been seized and from the analysis of the mobile of co-accused Jitendra Sharma and from the bank transaction details, the involvement of the present applicants are also found. The name of the present applicants have also come in the FIR. He would further submit that from the evidence collected during the investigation, the involvement of the present applicants along with the other co- accused persons in playing online gambling is reflected. Seizure of huge number of SIM cards, ATM cards, passbooks and cheque books itself shows that all the accused persons have organized the offence of online gambling through Anna Satta App. She would also submit that the other co-accused Jitendra Sharma has been released on regular bail on the ground of delay in trial and having no criminal antecedent, whereas the applicants are claiming anticipatory bail. Online gambling is an organized crime having various facets and impact upon the economy of the country. In view of the gravity of the offence and the manner, in which the applicants involved in the alleged offence, they are not entitled for anticipatory bail. 4.
I have heard the learned counsel for the parties and perused the case diary. 5. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicants regarding their involvement in the offence in question, gravity of the offence and its impact of organized crime, further considering the statement of Suraj Hiyal, Deepak Rajak, the
5 bank account statements, mobile call details of co-accused Jitendra Sharma and the material against the applicants in the case diary, I am not inclined to grant benefit of anticipatory bail to the applicants. 6. Accordingly, the present anticipatory bail application filed by applicants Ajay @ Ajju Shrivastav and Shahid Ansari is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved