1 2025:CGHC:9396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1551 of 2025 Narayan Kumar Nishad S/o Bahorik (Wrongly Mentioned As Bahrik In The Order) Ram Nishad Aged About 23 Years, R/o Parwati Nagar, Gandhinagar, Police Station- Murrabhatti Gudyari, Raipur, District- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Station House OfÏcer, Police Station- Kotwali, District- Korba (C.G.) ... Non-Applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.02.2025 1. This is the Second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 273/2024 registered at Police Station - Kotwali, District- Korba (C.G.), for the offence punishable under Sections 7 and 8 Chhattisgarh Gambling Prohibition Act, 2022, Sections 420, 120-B Indian Penal Code and Section 66-C of Information Technology Act. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. The prosecution case, in brief, is that on 11.05.2023, the Kotwali Police Station received a tip from a secret informant that Prateek Kumar Vidhwani, a resident of DDM Road Korba, was engaging in online gambling through his mobile phone and involving others in online betting. Acting on this information, a Police team from Kotwali Police Station raided the location and found a person who identified himself as Prateek Vidhwani. He admitted to engaging in online betting. Two mobile phones were seized from his possession, containing various chats related to online betting with entities like Mahadev Panel, Reddy Ambani, and Tata Lotus. It's alleged that Vidhwani created separate IDs for his customers (gamblers) and opened accounts in different banks. He also used online transactions through Google Pay merchant and Phone Pay. Vidhwani was arrested, and based on his statement, further articles were seized. A First Information Report (FIR) was registered at Kotwali Police Station, District Korba (C.G.), on 11.05.2024, under Sections 7 and 8 of the Chhattisgarh Gambling Prohibition Act. During the investigation, other accused individuals, including the present applicant, were arrested. The police seized additional articles, recorded witness statements, and eventually filed a charge sheet before the Chief Judicial Magistrate, Korba, on 08.07.2024. The charge sheet alleges offenses punishable under Sections 7 and 8 of the Chhattisgarh Gambling Prohibition Act, 2022, Sections 420 and 120-B of the Indian Penal Code, and Sections 66-C of the Information Technology Act. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that though the first bail application was rejected on merit by this Court vide order dated 12.07.2024 passed in MCRC No. 4001/2024. He further submits that the co-accused persons, namely, 3 Munna Khan, Aditya Prasad Khairwar, Maish Udasi, Vijendra Dhari, Kasim Mohammad and Madhu Balecha have already been granted bail by the Court in MCRC Nos. 8114/2024, 230/2025, 552/2025, 719/2025, 948/2025 and 1238/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025, 24.01.2025, 05.02.2025 and 13.02.2025 respectively. It is further submitted that the applicant has no previous criminal antecedents, the charge-sheet has been filed and the applicant is in jail since 20.05.2024. Therefore, he prays that the applicant be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that the present applicant was arrested from Goa and from him, six mobile phones, seven ATM card, passbooks and check book were seized. Hence, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that though the first bail application of the applicant was rejected on merits, further the new ground is that in the present case, the co-accused persons, namely, Munna Khan, Aditya Prasad Khairwar, Maish Udasi, Vijendra Dhari, Kasim Mohammad and Madhu Balecha have already been granted bail by the Court in MCRC Nos. 8114/2024, 230/2025, 552/2025, 719/2025, 948/2025 and 1238/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025, 24.01.2025, 05.02.2025 and 13.02.2025 respectively, further the applicant has no previous criminal antecedents, the charge-sheet has been filed and he is in jail since 4 20.05.2024, this Court is of the view that the applicant is entitled to be released on bail. 7. Accordingly, the Second bail application is allowed. Let the applicant - Narayan Kumar Nishad, involved in Crime No. 273/2024 registered at Police Station - Kotwali, District- Korba (C.G.), for the offence punishable under Sections 7 and 8 Chhattisgarh Gambling Prohibition Act, 2022, Sections 420, 120-B Indian Penal Code and Section 66-C of Information Technology Act, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS. (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 BNS. (iv) The applicant shall remain present, in person, before the 5 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 default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti