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2026 DAILYLAW 19620 (CHH)

MD. FARUKH v. STATE OF CHHATTISGARH

MCRC/3622/2026 · 2026-05-06

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:21519 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3622 of 2026 1 - Md. Farukh S/o Md. Ashik Aged About 40 Years R/o Turkapara, Raigarh Tahsil And District Raigarh (C.G.) 2 - Md. Majhar S/o Md. Jahur. Aged About 35 Years R/o Turkapara Raigarh, Tehashil And District Raigarh. C.G. ... Applicants(s) versus 1 - State Of Chhattisgarh Through , District Magistrate Raigarh, District Raigarh, (C.G.) ... Respondent(s) For Applicants : Shri Vedant Sadangi, Advocate For Respondent/State : Shri Ghanshyam Kashyap, Govt. Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 07/05/2026 The applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody since 20.02.2026 in connection with Crime No. 173/2025 2 registered at police station City Kotwali, District Raigarh (CG) for the offence punishable under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The prosecution case, in brief, is that on 23.04.2025, during routine patrolling, the police of Police Station City Kotwali, Raigarh, received secret information that accused Amit Agrawal was indulging in online cricket betting/gambling from his shop. Acting upon the said information, the Police conducted a raid and found him engaged in online gambling activities. 3. During inquiry, Amit Agrawal disclosed the names of co-accused persons namely Shahbaz, Mazhar, Farookh, Ajaz Ahmed alias Mannu, Dharmendra Sharma, Monu Bhutani, Ankit Bani and Bharat Rohila and stated that all of them were jointly involved in online cricket betting through mobile links and the betting application/ID “All panelexcheq.com”. During the raid, cash amounting to Rs.1,20,000/- and one Vivo mobile handset were seized from his possession. On the basis of the material collected during investigation, offence under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022 was registered. After completion of investigation, charge-sheet was filed against Amit Agrawal, Ankit Bani and Bharat Kumar Rohila, whereas the present applicants were shown as absconding accused persons and were subsequently arrested on 20.02.2026. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present offence. It 3 is contended that, except for mere suspicion entertained by the police authorities, there is no cogent or substantive material to demonstrate the involvement of the applicants in the alleged online cricket gambling activities along with the other co-accused persons. It is further submitted that no incriminating material has been collected during investigation so as to connect the applicants with the offence in question. Even upon extraction and examination of the mobile phones seized from the co-accused persons, no material has surfaced directly linking the applicants with the alleged offence. According to learned counsel, except the electronic evidence and memorandum statements of the co-accused persons, there exists no material to indicate that the present applicants were operating or participating in cricket betting through the alleged betting app. He submits that the applicants were also arraigned as accused in a similar offence registered at Police Station Chakradhar Nagar; however, they have been acquitted by the learned trial Court vide judgment dated 27.04.2026 passed in Criminal Case No. 740/2025. It is also submitted that applicant No.1 has no criminal antecedents, whereas applicant No.2 has only one antecedent, which already stands disposed of on the basis of compromise arrived at between the parties. It is further submitted that the applicants are in custody since 20.02.2026 and the final conclusion of the trial is likely to take considerable time and therefore, they may be enlarged on bail. 5. Per contra, learned State counsel opposes the prayer for grant of bail and submits that co-accused Amit Agrawal was apprehended red- handed while indulging in online cricket gambling through the aforesaid 4 betting application, from whom a mobile phone and cash amounting to Rs.1,20,000/- were seized. It is further submitted that the memorandum statement of the said co-accused prima facie discloses the involvement of the present applicants in the commission of the offence. According to the prosecution, the accused persons had organized and operated the illegal gambling activities through online mode and were actively engaged in cricket betting, which has a deleterious impact upon society at large. Hence, it is contended that the applicants may not be released on bail. It is further submitted that the bail applications preferred by co- accused Rohit @ Monu Bhutani and Dharmendra Sharma have already been rejected by this Court vide orders dated 30.04.2026 passed in M.Cr.C. Nos. 3451/2026 and 3459/2026, and the allegations levelled against the present applicants are similar in nature to those attributed to the aforesaid co-accused persons. It is also submitted that permanent warrants of arrest had been issued against the present applicants by the learned trial Court and in execution thereof, they were apprehended from Kolkata, West Bengal. It is lastly contended that the supplementary charge-sheet against the present applicants is yet to be filed. 6. I have heard learned counsel for the parties and perused the case diary as well as the material available on record. 7. Considering the submissions advanced by learned counsel for the parties, the nature and gravity of the allegations levelled against the present applicants, and the material collected during investigation coupled with the fact that the applicants were arrested from Kolkata, 5 West Bengal in pursuance of permanent warrants of arrest issued against them, and further taking into consideration that the supplementary charge-sheet is yet to be filed, this Court is not inclined to extend the benefit of bail to the applicants at this stage. 8. Though the applicants have been acquitted in the case registered at Police Station Chakradhar Nagar vide judgment dated 27.04.2026, yet, having regard to the material available in the present case diary and the allegations reflected from the charge-sheet against the co- accused persons, no case for grant of bail is made out. Prima facie, the allegations disclose organized online gambling activities having far- reaching ramifications and an adverse impact upon the economic fabric of society. In view of the gravity of the offence and the manner in which the applicants are alleged to have participated in the commission of the offence, they do not deserve to be enlarged on bail. 9. Accordingly, the present bail application stands rejected. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.05.14 11:49:55 +0530