1 2025:CGHC:6527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 948 of 2025 1 - Kasim Mohammad (Name Correctly Mentioned) S/o Munna Khan Aged About 44 Years R/o Chimanibhattha, Op Manikpur, P.S. Kotwali, District- Korba (Chhattisgarh) ... Applicant(In Jail) versus 1 - State Of Chhattisgarh Through Police Station Kotwali, Korba, District Korba (Chhattisgarh) ... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is the third bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant. Earlier two bail applications of applicant bearing MCRC Nos.5264/2024 and 5650/2024 were dismissed by this Court vide order dated 25.7.2024 and 09.08.2024 respectively. 2. Applicant is in custody in connection with Crime No. 273/2024 registered at Police Station Kotwali, District Korba (C.G.) for the NISHA DUBEY Digitally signed by NISHA DUBEY 2 offence under Sections 7 & 8 Chhattisgarh Gambling Prohibition Act, 2022, Sections 420, 120-B of Indian Penal Code and Section 66 of Information Technology Act. 3. Case of the prosecution, in brief is that on 11.05.2023, Police Station Kotwali received information that co-accused Prateek Kumar Vidhwani, a resident of DDM Road, Korba, was engaged in online gambling via mobile phone and involving others in online betting. Acting on this, a police team raided the location, arrested Prateek Vidhwani, and seized two mobile phones containing evidence of betting through platforms like Mahadev Panel, Reddy Ambani, and Tata Lotus. It was alleged that he created customer IDs, opened bank accounts, and conducted transactions via Google Pay Merchant and PhonePe. An FIR (Crime No. 273/2024) was registered on 11.05.2024 under Sections 7 & 8 of the Chhattisgarh Gambling Prohibition Act, 2022. Based on Prateek's memorandum, other accused, including present applicant, were arrested, articles were seized, and witnesses statements were recorded. After investigation, a charge sheet was filed on 08.07.2024 before the Chief Judicial Magistrate, Korba, for offences under Sections 7 & 8 of the Chhattisgarh Gambling Prohibition Act, 2022, Sections 420 & 120-B IPC, and Section 66C of the Information Technology Act. 4. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case and also submits that the present applicant 3 has no criminal antecedents. He further submits that the police has recorded a memorandum statement from co-accused Prateek Kumar Vidhwani, and based on this statement, certain articles were seized. However, name of present applicant mentioned in the memorandum statement, which is inadmissible as evidence under the law. Therefore, present applicant cannot be implicated in the crime in question. Moreover, no material evidence has been recovered from the possession of the present applicant. He further submits that out of total 14 witnesses, three witnesses have been examined so far which includes two seizure witnesses who have not supported prosecution case and turned hostile. He further submits that other co-accused persons, namely, Munna Khan, Aditya Prasad Khairwar and Vijendra Dhari, have already been granted bail by this Court in MCRC Nos. 8114/2024, 230/2025 and 719/2025 vide orders dated 29.11.2024, 10.01.2025 and 24.1.2025 respectively. Present applicant is in jail since 20.5.2024 and the trial is likely to take some time for its conclusion, therefore, he prays for grant of bail to applicant on the ground of parity. 5. On the other hand, learned State counsel opposes bail application of present applicant and submits that the charge- sheet has already been submitted before the competent Court in the present case. 6. Heard learned counsel for the parties and perused the case diary. 4 7. Taking into consideration the facts and circumstances of the case, the fact that applicant has been made accused on the basis of memorandum statement of co-accused Prateek Vidhwani, the police neither recorded memorandum statement of present applicant nor any kind of article was seized from his exclusive possession and he has no criminal antecedents; and further considering that investigation is complete, charge sheet is filed, applicant is in custody since 20.5.2024 and other co- accused persons, namely, Munna Khan, Aditya Prasad Khairwar and Vijendra Dhari, have already been granted bail by this Court in MCRC Nos. 8114/2024, 230/2025 and 719/2025 vide orders dated 29.11.2024, 10.01.2025 and 24.1.2025 respectively, without commenting anything on merits of the case, this Court is of the view that applicant is entitled to be released on regular bail in this case on the ground of parity. 8. Let applicant Kasim Mohammad involved in Crime No.273/2024 registered at Police Station Kotwali, Korba, District Korba (CG) for the offence punishable under Sections 7 & 8 of the Chhattisgarh Gambling Prohibition Act 2022 and Sections 420, 120B of the Indian Penal Code and Section 66-C of the Information Technology Act, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial Court concerned, with the following conditions:- 5 (I) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such 6 default as abuse of liberty of bail and proceed against him in accordance with law 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nisha