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2025 DAILYLAW 7833 (CHH)

RAHUL BANJARE v. STATE OF CHHATTISGARH

MCRCA/214/2025 · 2025-02-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:9449 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 214 of 2025 1 - Rahul Banjare S/o Dharampal Banjare Aged About 25 Years R/o Ward No. 15 Rangerpara Sarangarh Revenue District - Sarangarh - Bilaigarh (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House OfÏcer Police Station City Kotwali Sarangarh Revenue District - Sarangarh - Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Hari Agrawal, Advocate For Res./State : Mr. Atanu Ghosh, Deputy Government Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24.02.2025 1. This Anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sahita, 2023 (in short “B. N. S. S., 2023”) has been filed by the present applicant, who is apprehending his arrest in connection with Crime No. 34 of 2025 registered at Police Station, City Kotwali, Sarangarh, Revenue District- Sarangarh- Bilaigarh (C.G.) for the offences punishable under Sections 6 and 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2 2. Case of the prosecution in brief is that on 24.01.2025, on being secrete information received by the police they apprehended two persons namely- Raman Nishad and Rajendra Nishad near Moda Talab vegetable market road at Sarangarh and there the police has seized two mobiles phones, gambling chit and the cash amount of Rs. 8,214/- thereafter, the offence under Section 6 and 7 of the Chhattisgarh Gambling (Prohibition), Act, 2022 was registered. Their memorandum statements were also recorded in which they disclosed that on the instance of the present applicant namely- Rahul Banjare they are engaged in playing chit gambling. Therefore, the present applicant is also apprehending of arrest in the aforesaid offence. 3. Learned counsel for the applicant would submit that except this memorandum statements of the co-accused Raman Nishad and Rajendra Nishad, there is no material available in the case to connect the present applicant with the offence in question. He would further submit that no any data collected from the mobile phones which were seized from the co accused persons. It is also submitted that there is no criminal antecedent against the present applicant, the applicant is a reputed person in the locality and the community, therefore, considering the nature of allegations leveled against the applicant, he may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submission made by learned counsel for the parties, the nature of allegation, the material collected during the course of investigation and particularly considering the fact that except the memorandum statements of the co-accused -Raman Nishad and Rajendra Nishad, there is 3 no other evidence available in the case diary to connect the present applicant with the crime in question without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rahul Banjare, on executing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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; (b) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. (c) the applicant shall cooperate with the investigation of the case. (d) the applicant and the surety shall submit a copy of his adhaar card along with a colured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial court. (e) that the applicant shall not involve himself in any offence of similar nature in future. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE amita Digitally signed by AMITA DUBEY Date: 2025.02.25 16:03:44 +0530