1 2025:CGHC:42529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6166 of 2025 1 - Kapil Tolani S/o Shri Kailash Tolani Aged About 29 Years (Wrongly Mentioned As Taulani In The Order Sheet), R/o Street No. 05, Telibandha, Raipur, District- Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Telibandha, District- Raipur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Applicant(s) : Mr. Dharmesh Shrivastava, Advocate For Respondent(s)/State : Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice Ravind ra Kumar Agrawal Order on Board 21/08/2025 1. This is the first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is arrested on 01.07.2025, in connection with Crime No. 170 of 2025, registered at Police Station Telibandha, Raipur, District Raipur (C.G.), for the offence under Sections 7 of Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 111 of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS'). VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.23 13:23:20 +0530 2 2. The case of prosecution 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 online 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 online 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 kingdombook9.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, panchnama 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 for the applicant would submit that there is no direct evidence against the applicant in the case regarding his involvement, either in conspiracy with other accused persons or engaged in playing online gambling. There is no incriminating material recovered from the mobile phone of the present applicant. Except for the memorandum statement, nothing substantive evidence is available in the charge sheet against the applicant. There is no evidence that he directly connected with other co-accused persons. He is having no connection 3 with any illegal activity or offence of online gambling either for himself or along with other co-accused persons. There is no data recovered from the mobile phone of the present applicant and even no connection detected from the mobile phone of the other co-accused persons with the applicant with respect to any transaction or exchanging the messages, even no bank account of the present applicant has been seized, which shows any money transaction between the applicant and other co-accused persons. There is no sufficient material with respect to involvement of the present applicant in the offence in question. He would also submit that the two other co- accused persons who were arrested on the spot have been granted bail by the learned trial Court vide order dated 27.03.2025 and 28.03.2025. The case of the present applicant is also similar to them and he is also entitled for grant of bail. The applicant is in jail since 01.07.2025, the investigation has been completed and charge sheet has been filed, there is every possibility of delay in conclusion of the trial, and therefore, he may be released on bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicant and submitted that from the mobile phone of the applicant, data could not be recovered for the reason that he deleted the relevant data from his mobile phone. From the material collected during the investigation, the prima facie evidence available in the charge sheet with respect to involvement of the present applicant in the offence in question along with other co-accused persons. From the memorandum statement of other co-accused persons, the name and link to play online gambling 4 and its password have been disclosed. On their disclosure, the present applicant has been arrested. He would also submit that there are 05 criminal antecedents against the applicant of same nature of offence, out of which in two cases he was convicted and fine imposed against him, two cases are still pending for consideration, therefore, considering the gravity of the offence, nature of material collected during investigation, and in view of criminal antecedents, he is not entitled for bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by the parties, considering the material collected during the investigation and the allegation against the present applicant regarding his involvement in online gambling along with other accused persons, memorandum statements of the applicant and other accused persons and seizure of mobile phone, there is sufficient prima facie evidence in the case, which shows the involvement of the present applicant in the offence in question. Further, considering the gravity of the offence, the manner in which the offence is organized and impact of the alleged offence, further, the criminal antecedents of the applicant, I am not inclined to release the applicant on bail. 7. Accordingly, the bail application of present applicant Kapil Tolani is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved