1 2025:CGHC:8762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 997 of 2025 1 - Krishna Jaiswal S/o Ramadhar Jaiswal Aged About 34 Years R/o- Ramhepur Lormi, Talsaghat, Police Station- Lormi, District- Mungeli, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through- Police Station- Takhatpur, District- Bilaspur, Chhattisgarh ... Non-applicant For Applicant : Mr. Anand Kehsarwani, Advocate For Res./State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19.02.2025 1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail. 2. The applicant was arrested on 08.12.2024 in connection with Crime No.675 of 2024 registered at PS- Takhatpur, District- Bilaspur, Chhattisgarh for the offence punishable under Section 112 of the Bharatiya Nyay Samhita (BNS) and 3(2) of the CG Gambling (prohibition) Act 2022. 2 3. Case of the prosecution in brief is that on 08.12.2024, on receiving a secret information, Police reached near the village Nagchui Nilgiri Plot and conducted raid, and arrested the present applicant along with other co- accused persons, who were engaged in gambling. The applicant has been arrested by the Police, and after investigation, charge-sheet has been filed. 4. Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime in question. He would further submit that the applicant along with his friends had gone to picnic and enjoying the picnic party but on suspicion, Police has caught hold of them, as they were playing cards and minimum amount has been seized from the accused persons. Had they been actually playing gambling, huge amount would have been recovered from them. He would also submit that although certain offences have been previously registered against the present applicant, but all of them have been disposed of either by acquittal or by imposing minor fine sentences. Applicant is only the bread winner of his family, and he is in jail since 08.12.2024, investigation has already been completed, and charge-sheet has been filed. Offence is triable by the Judicial magistrate First Class, and conclusion of trial will take some time, therefore, applicant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the bail application, and would submit that there is evidence in the charge-sheet that the applicant has committed the offence, and there is ample material against the applicant. Hence applicant is not entitled for bail. However, he does not dispute that the previous offences against the applicant are disposed of. 6. Heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, also considering the nature of allegation, particularly, the fact that though 3 certain offences have been registered against the applicant, as stated by the learned counsel for the applicant, all the cases have been disposed of, applicant is in jail since 08.12.2024, and final adjudication of the case would take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. 8. Accordingly, the bail application filed by the applicant- Krishna Jaiswal S/o Ramadhar Jaiswal is allowed and he shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court. Applicant shall also abide by the following conditions: i. that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police OfÏcer; ii. that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. iii. that the applicant shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial unless exempted. Certified copy as per rules. Sd/- Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.02.20 16:10:43 +0530