1 2026:CGHC:7198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1095 of 2026 1 - Amit Mishra @ Pahlu S/o Shree Nityanand Mishra Aged About 30 Years (Wrongly Mentioned As Ulhu) Profession Businessman, R/o Mohalla Sattipara, P.S. And Tehsil Ambikapur, District Surguja C.G. --- Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station Ambikapur, District Surguja C.G. --- Respondent(s) MCRC No. 1027 of 2026 1 - Mukesh Tripathi S/o Late Premshankar Tripathi Aged About 35 Years Resident of Kailash Moad, Sattipara Police Station Ambikapur And Tahsil Ambikapur, District Sarguja (C.G.) ---Applicant Versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station Ambikapur, District Sarguja (C.G.) --- Respondent(s) For Applicants : Shri Shakti Raj Sinha and Shri Dharmendra Baghel, Advocates. For State : Ms. Isha Jajodiya, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 09.02.2026 1. Since both the bail applications arise out of same crime number and same incident, they are being heard and decided together by this common order. INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.02.10 10:19:16 +0530 2 2. These are first bail applications seeking grant of bail to the Applicants who are in jail since 24.07.2025 in connection with Crime No.325/2024 registered at Police Station Ambikapur, District Surguja for the offence punishable under Sections 420,464,468,471,120-B IPC, Section 7&8 of Chhattisgarh Gambling (Prohibition) Act and Sections 66-C and 66- D of IT Act. 3. The case of the prosecution is that on 13-05-2024, the police of Police Station Ambikapur received secret information that 03 persons, namely Ayush Sinha @ Deep Sinha, Amit Mishra and Shubham Keshari, are engaged in online gambling through their mobile phone by using the skyexchange betting app and betting on the IPL cricket match between Gujrat Titans versus Kolkata Knight Riders. On a raid being conducted, the police have arrested the 03 accused persons who were engaged in playing online gambling. They were taken to the police station and interrogated by the police. From their mobile phone, sufficient evidence of their involvement in online gambling was found, and from Ayush Sinha @ Deep Sinha 03 mobile phones, 03 passbooks and a cheque book were seized which are in the name of other persons, from the accused Shubham Keshari one mobile phone, one cheque book, 13 ATM cards of various persons were seized and from the accused Amit Mishra 15 mobile phones, 08 ATM cards of various persons, one cheque book and cash of Rs.20100/- has been seized. When the details of the bank account were obtained, it was found that the bank account was opened fraudulently, and the persons in whose names the bank account is running have no knowledge of their bank account. Statements of the account holders were recorded, who disclosed the 3 name of the present applicants, stating that in their instance, the mule account was opened in the bank. From the statement of Abhas Paswan, the name of the applicant Amit Mishras appears that he got opened his bank account, which has been used in money transactions of online gambling. The applicants were arrested on 24.07.2025 and the charge sheet has been filed. 4. Shri Shakti Raj Sinha, learned counsel for the applicant-Amit Mishra @ Pahlu would submit that there is no sufficient evidence against the applicant that he is involved in online gambling in any manner. Except memorandum statement of the co-accused persons, there is no admissible evidence in the charge sheet against him that connects him with the offence in question. The memorandum statement of other co- accused persons are not admissible piece of evidence and only mobile phone, ATM Cards, one Cheque book and cash amount of Rs.20,000/- has been seized from the applicant Amit Mishra. Without sufficient evidence, he was arrested on 24.07.2025. Investigation is complete and charge sheet has been filed. He would further submit that on the similar allegation, the co-accused Dhruvil Patel have been released on bail by the Supreme Court vide order dated 05.01.2026 in Criminal Appeal No.46 of 2026. The case of applicant Amit Mishra is also similar to the case of Dhruvil Patel and therefore he may also be released on bail as trial would take sometime. 5. Shri Dharmendra Baghel, appearing on behalf of Shri Rahul Goswami, learned counsel for the appellant-Mukesh Tripathi (in MCrC No.1027 of 2026) would submit that from applicant Mukesh Tripathi there is no seizure of any incriminating article. He too is in jail since 24.07.2025. 4 There is no evidence against him that he is also involved in playing online gambling along with other co-accused persons. Except memorandum statement of other co-accused persons, there is no evidence against him in the entire charge sheet. Therefore, he may also be enlarged on bail. 6. On the other hand, learned counsel appearing for the State opposes and submits that there are sufficient evidence against the applicants that they are also involved in organizing online gambling along with other accused persons. The accused persons have managed the mule bank account, ATM cards and they divided their work as per their convenience. The other accused persons have actively engaged in playing online gambling and the money circulation was done through the bank account managed by the other accused persons, including the present applicants. They set up a huge network for online gambling interstate. It is an organized crime that is designed by the accused persons and uses the bank account of others so that they may not directly come into the picture. From applicant Amit Mishra 15 mobile phones, 8 ATM Cards, One Cheque Book and cash amount of Rs.20,000/- was recovered. In the memorandum statement of applicant Mukesh Tripathi it comes that he handed over the entire material to co-accused Amit Mishra from whom the mobile phones, ATM Cards etc. have been recovered. Therefore, there are evidence available in the charge sheet with respect to their active involvement as a member of their syndicate and therefore, they are not entitled to be released on bail. 5 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the submissions made by learned counsel for the parties, considering the nature of the allegation against the applicants and the material collected during the investigation, further considering the role of the applicants and statement of one Abhas Paswan, the WhatsApp chats and money transaction details extracted from the mobile phone, register seized from the co-accused persons also from the seizure made from accused Amit Mishra, their involvement in the offence in question prima facie appears. The accused persons including the present applicants organized the crime. The allegation against the applicants are that all of them are involved in running the syndicate of online gambling, opening forged bank account in the name of Abhas Paswan for money circulation of online gambling, therefore, I am not inclined to release the applicants on bail. 9. Accordingly, both the bail applications of applicants Amit Mishra @ Pahlu and Mukesh Tripathi are rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder