1 CGHC010215472026 2026:CGHC:31527 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5079 of 2026 • Kishan Sarthi S/o Late Ajay Sarthi Aged About 29 Years R/o Ward No. 27 Danababu Patel Aara Behind Lakdi Toll Kawardha Police Station And Tehsil Kawardha District Kabirdham C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station Kawardha Kabirdham C.G. ... Non-applicant For Applicant : Mr. Syed Afaque Hussain Rizvi, Advocate. For State/Non-applicant : Mr. Rohan Shukla, P.L. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/07/2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 15.05.2026 in connection with Crime No.188/2026 registered at Police Station Kawardha, District Kabirdham (C.G.) for the offence punishable under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022 (for short ‘Gambling Act’). 2. The case of prosecution in brief is that on 15.05.2026, the police of Police Station Kawardha received a secret information that the applicant is engaged in playing Chit Gambling near Dana Babu Mill, Ward No.27, Kawardha, then applicant was intercepted by the police, he disclosed his name and from his pocket of the pant two Gambling Chit, cash Rs.1,830/- and one document DEEPTI JHA Digitally signed by DEEPTI JHA 2 has been seized from him. Thereafter, FIR has been registered and charge sheet has been filed in the instant case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime. On account of grocery item, which he has purchased from the market and on being suspicion, the police has arrested him that he engaged in Chit Gambling. The applicant is in jail since 15.05.2026, investigation has been completed and charge sheet has been filed and no custodial interrogation is required and trial of the case will take some time and offence is triable by the Judicial Magistrate First Class, therefore, he may be released on bail. 4. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that there are five criminal antecedents registered against the applicant, out of which two cases are under the Gambling Act of the years 2018 and 2022, though both the cases of Gambling Act are disposed of. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the submissions made by the learned counsel for the respective parties, considering the nature of allegation levelled against the applicant, the material collected during the investigation, after that charge sheet has been filed, the offence is triable by the Judicial Magistrate First Class and the applicant is in jail since 15.05.2026 and there is no criminal antecedent with respect to the Gambling Act after year, 2022, without commenting anything on merits, I am inclined to allow the bail application of the applicant. 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Kishan Sarthi, involved in Crime No.188/2026 registered at Police Station Kawardha, District Kabirdham (C.G.) for the offence punishable under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 3 2022 (for short ‘Gambling Act’), be released on bail on furnishing a personal bond of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he/she 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 their absence, without sufficient cause, the trial court may proceed against him/her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the 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/her in accordance with law. Sd/- (Ravindra Kumar Agrawal) Judge Deepti Jha