1 2025:CGHC:49494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7305 of 2025 1 - Adil Khan S/o Hafij Khan Aged About 30 Years R/o Sadar Bazar Ward Bhatapara, P.S. Bhatapara City Distt Baloda- Bazar Bhatapara (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Bhatapara (City), District- Baloda-Bazar- Bhatapara (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : M. Prakash Mishra, Advocate For Respondent/State : Mr. Akhilesh Kumar, Govt. Advocate 2025:CGHC:49494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7406 of 2025 1 - Imran Khan S/o Amad Rasid Aged About 37 Years R/o Sadar Ward Bhatapara, Tehsil And P.S. Bhatapara City District - Balodabazar (C.G.) --- Applicant(s) versus VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.06 17:10:21 +0530 2 1 - State Of Chhattisgarh Through Police Station Bhatapara City District - Balodabazar- Bhatapara (C.G.) --- Respondent(s) MCRC No. 7588 of 2025 1 - Shubham Mandhan S/o Mahesh Mandhan Aged About 24 Years R/o Bhagatsingh Ward, Bhatapara, P.S. Bhatapara City, Distt. Balodabazar- Bhatapara, Chhattisgarh. 2 - Sonu Narang S/o Mantriram Narang Aged About 25 Years R/o Bhagatsingh Ward, Bhatapara, P.S. Bhatapara City, Distt. Balodabazar- Bhatapara, Chhattisgarh. ---Applicant(s) Versus 1 - State Of Chhattisgarh Through P.S. Bhatapara City, Distt. Balodabazar- Bhatapara, Chhattisgarh. --- Respondent(s) 2025:CGHC:49498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7814 of 2025 1 - Harikesh Lahare Alias Surya S/o Shri Ramesh Lahare Aged About 25 Years Bhagat Singh Ward Bhatapara, P.S.- Bhatapara City, District- Balodabazar-Bhatapara (C.G.) 2 - Shree Ram Ratre S/o Kishan Ratre Aged About 23 Years R/o Bhagatsingh Ward, Bhatapara, P.S. Bhatapara City, District- Balodabazar- Bhatapara (C.G.) --- Applicant(s) versus 1 - State Of Chhattisgarh Through- Police Station Bhatapara City, District- Balodabazar-Bhatapara (C.G.) --- Respondent(s) (Cause title taken from Case Information System) 3 For Applicant(s) : M. Tessy Abraham, Advocate For Respondent/State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26/09/2025 1. All these bail applications are arising out of same crime number and therefore, they are being heard and decided together. 2. The MCRC No. 7305 of 2025 is the second bail application of the applicant Adil Khan, who has been arrested on 21.01.2025 by the police station Bhatapara City, District Baloda Bazar-Bhatapara, in Crime No. 50 of 2025, for the offence under Section 318(4), 314, 61 of Bharatiya Nyay Sanhita, 2023 and Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. The first bail application of the applicant is dismissed as withdrawn vide order dated 15.04.2025, passed by this Court in MCRC No. 2359 of 2025 with liberty to revive the same after examination of material witnesses. 3. The MCRC No. 7406 of 2025 is the first bail application of the applicant Imran Khan, who has been arrested on 21.01.2025 by the police station Bhatapara City, District Baloda Bazar-Bhatapara, in Crime No. 50 of 2025, for the offence under Section 318(4), 314, 61 of Bharatiya Nyay Sanhita, 2023 and Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 4. The MCRC No. 7588 of 2025 is the second bail application of the applicants Shubham Mandhan and Sonu Narang, who have been 4 arrested on 21.01.2025 by the police station Bhatapara City, District Baloda Bazar-Bhatapara, in Crime No. 50 of 2025, for the offence under Section 318(4), 314, 61 of Bharatiya Nyay Sanhita, 2023 and Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. The first bail application of the applicants is dismissed as withdrawn vide order dated 15.04.2025, passed by this Court in MCRC No. 1625 of 2025 with liberty to revive the same after examination of material witnesses. 5. The MCRC No. 7814 of 2025 is the second bail application of the applicants Harikesh Lahare @ Surya and Shree Ram Ratre, who have been arrested on 21.01.2025 by the police station Bhatapara City, District Baloda Bazar-Bhatapara, in Crime No. 50 of 2025, for the offence under Section 318(4), 314, 61 of Bharatiya Nyay Sanhita, 2023 and Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. The first bail application of the applicants is dismissed as withdrawn vide order dated 15.04.2025, passed by this Court in MCRC No. 1834 of 2025 with liberty to revive the same after examination of material witnesses. 6. The prosecution’s case in brief is that, on 20.01.2025, the complainant Jitesh Kavre lodged a written complaint to the police with the allegation that, the applicant Shubham Mandhan has borrowed his bank account for 2-3 months for the purposes of running snack cart, as his own ATM card was blocked, then he gave him his ATM card, which was of HDFC bank and when the applicant Subham Mandhan has not returned his ATM card for a considerable period and despite his request, then he received call from the HDFC bank, Bhatapara, 5 whereby he was being informed by the bank officials that an amount of Rs. 15,000/- is transferred to his bank account from Gujarat, which was the proceeds of crime. At that time, he came to know that the applicant Subham Mandhan misused his ATM since 08 months and made transactions for about Rs. 50,21,437.06 np without his knowledge and consent. The applicant Subham Mandhan cheated him by using is bank account for transactions of illegal money and he cheated Pradeep Dahariya and others also. On the report of Jitesh Kavre, the police started investigation. During the investigation, the memorandum statement of applicant Subham Mandhan was recorded on 21.01.2025, in which he disclosed that in the month of May 2024, the applicant Imran Khan borrowed the Mule Account for transaction of money of the illegal betting apps on the assurance of higher profit, and they he borrowed the bank account of Jitesh Kavre, Ravi Pathari and gave it to the other applicant Imran Khan, who in turn gave it to the applicant Mohammad Adil, who also gave it to another person. He did not know his name, but his mobile number is 7087538071. The other applicants Harikesh Lahare, Shree Ram Ratre, Sonu Narange, Imran Khan and Mohammad Adil Khan borrowed the bank account and ATM card of Krishna Kumar, Sarju Bharti, Sagar Banjare and Ravi Pathari and gave it to the person holding the aforesaid mobile number and made transaction of money of illegal betting. The other applicants have also arrested and their memorandum statement have also been recorded. From the applicant Subham Mandhan, two passbooks, including the passbook of complainant Jitesh Kavre and one mobile phone having SIM card of 9617042511 have been seized. From the applicant Abdul Adil Khan, 05 cheque books in the name of different 6 persons, one cheque of Rs. 20,000/- having signature of Mohammad Imran Parekh, one cheque of Rs. 58,700/- having signature of Mohammad Imran Parekh, 10 ATM cards of various persons and different banks, Rs. 3,500/- cash, one mobile phone and one Aadhar Card have been seized from him. From the applicant Sonu @ Matri Narang, one passbook and one mobile phone have been seized. From Shree Ram Ratre, one mobile phone and from Harikesh Lahare @ Surya, one passbook and one mobile phone have been seized. From applicant Imran Khan, 04 passbooks of different persons and one mobile phone have been seized. The bank transactions details and statements have also been obtained by the police and after investigation the charge sheet has been filed against the applicant. 7. Mr. Prakash Mishra, learned counsel appearing for the applicant Adil Khan would submit that the applicant is in jail since 21.01.2025. The complainant Jitesh Kavre has been examined before the learned trial Court as PW-1 and has turned hostile and not supported the prosecution’s case. He would further submit that the other witnesses Ravi Pathari, Pradeep Dahariya have also been examined and they have also not supported the prosecution’s case. There is no direct evidence that the applicant Adil Khan is involved in the alleged offence, except for the memorandum statement of the accused persons. There is no transaction by the applicant Adil Khan through his own name or through his own bank account, and it is the alleged transaction made by some other person in the bank account of other person. Only 04 witnesses have been examined till date. The complainants, who are the material witnesses have been examined. 7 Final adjudication of the case will take its own time, the applicant is in jail since 21.01.2025, there is no criminal antecedent of the applicant, and therefore, he may be enlarged on bail. 8. Mr. Tessy Abraham, learned counsel appearing for the applicants Imran Khan, Subham Mandhan, Sonu Narange, Harikesh Lahare and Shree Ram Ratre would also submit that the applicants are innocent and they themselves are victim and they have been cheated by other persons. There is no allegation that the applicant made transaction of the said amount. It cannot be presumed that such a huge transaction of more than Rs. 50 lakhs would not be in knowledge of the complainant, as there is electronic system of information through messages in mobile phone, which connected through the mobile phone of the concerned person and after withdrawal of the amount, immediately the messages had gone to their mobile phone. The complainants have not raised any objection at any time before lodging the complaint. The applicants are not directly connected with the alleged offence and except for their memorandum statement, no other evidence is available against them in the charge sheet. The memorandum statement itself is inadmissible in evidence and the same does not inculpate the applicants in the offence. The complainants have been examined before the learned trial Court and have not supported the prosecution’s case. The applicants are in jail since 21.01.2025, out of total 11 cited witnesses, only 04 witnesses have been examined till date, there is every possibility of delay in trial, there is no ingredients of cheating to any person, as no person is in 8 loss by the alleged transaction, there is no criminal antecedent against the applicants, therefore, they may be enlarged on bail. 9. On the other hand, learned State counsel opposed all the bail applications and submitted that the allegations against the applicants are that they are actively involved in money transactions obtained through illegal betting through the mule bank accounts obtained from various persons. From the memorandum statements of the applicants, their association and engagement in the illegal act of betting and money circulation through the mule accounts have duly been prima facie shown. From the bank transactions details, the money transactions of more than Rs. 50 lakhs were found by the police, for which there is no explanation by the accused persons. It is an organized crime having various facets and network throughout India. Although, the complainants have not supported the prosecution’s case, but during the investigation, a huge transactions and network of illegal betting is detected and number of bank accounts of various persons are found to be involved. The first bail applications of the applicants have been dismissed as withdrawn after arguing for sometime. The other material witnesses i.e. the bank officers of various banks and police officers are yet to be examined, who are the most important and material witnesses to prove the huge transactions of money through bank accounts. He would also submit that some of the accused persons are still absconding, trial of the case is in progress, and therefore, the applicants are not entitled for bail. 10. I have heard the learned counsel for the parties and perused the case diary. 9 11. Considering the submissions made by the respective parties, the nature of the allegations and material collected during the investigation, and further considering that various bank passbooks, ATM cards, cheques have been seized from the applicants, which are in the name of different persons, allegation of huge money transactions through the said bank accounts allegedly borrowed by the applicants for money transactions of illegal betting and also considering the bank account’s statements available in the charge sheet, which alleges money transactions of more than Rs. 50 lakhs through mule bank accounts, trial of the case is in progress, and further considering the active involvement of the applicants in the offence in question, impact of the offence and effect of Indian economic, there is prima facie evidence about their involvement by making a syndicate, this Court is not inclined to release the applicants on bail. 12. Accordingly, all the bail applications of the applicants namely; Adil Khan, Imran Khan, Shubham Mandhan, Sonu Narang, Harikesh Lahare Alias Surya and Shree Ram Ratre are rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved