Extracted from the PDF above. The PDF is authoritative.
CGHC010261312026
2026:CGHC:32149
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1141 of 2026 1 - Aashkaran Gilhare S/o Ratnu Gilhare Aged About 40 Years R/o Nagar Panchayat Abhanpur, Police Station Abhanpur, District Raipur Chhattisgarh
...Applicant (s) versus 1 - State Of Chhattisgarh Through The S H O, Police Station Abhanpur, Raipur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Ankur Seth, Advocate For Respondent/State : Mr. Siddhant Tiwari, PL
(Hon’ble Shri Justice Ravindra Kumar Agrawal)
Order on Board 27/07/2026 The applicant has filed the present application for grant of anticipatory bail under Section 482 of the BNSS, 2023 who is apprehending his arrest in connection with Crime No. 112/2026 registered at police station Abhanpur, District Raipur for the offence
under Section 3(2) of the CG Gambling (Prohibition) Act, 2022.
2. The case of the prosecution is that on 06.04.2026, acting upon secret information, the police conducted a raid near Village Tokaro, where certain persons were allegedly found indulging in card gambling. Two accused persons were apprehended at the spot, and an amount of ₹6,34,000/- in cash, two Apple mobile phones, and one Mercedes car were seized. An FIR was thereafter registered in connection with the said incident, wherein the present applicant apprehends his arrest.
3.
Learned counsel appearing for the applicant submits that the applicant has neither been named in the FIR nor is there any material available in the case diary to establish his direct involvement in the alleged offence. It is contended that the applicant is being unnecessarily harassed by the police and has a reasonable apprehension of arrest. According to the learned counsel, there is no evidence to suggest that the applicant was involved in the alleged act of card gambling along with the other accused persons. It is further submitted that, although four criminal antecedents have been referred to by the prosecution, the same pertain to the years 2015, 2017, and 2020, and are stale in nature. The applicant is stated to be a person of good reputation in the locality and society and has been falsely implicated in the present case. It is, therefore, prayed that the applicant be enlarged on anticipatory bail.
4. Per contra, learned State counsel opposes the application and submits that the name of the present applicant has surfaced in the
memorandum statements of the arrested accused persons, wherein it has been disclosed that he was also involved in the alleged card gambling. It is further submitted that a sum of ₹6,34,000/- was recovered from the spot and that the applicant has criminal antecedents of a similar nature. Learned State counsel further contends that the alleged offence under Section 3(2) of the Chhattisgarh Gambling (Prohibition) Act, 2022 is a bailable offence and, therefore, an application seeking anticipatory bail is not maintainable.
5. I have heard learned counsel for the parties and perused the case diary.
6. Having considered the rival submissions and upon perusal of the material available on record, it is evident that the FIR has been registered only for the offence punishable under Section 3(2) of the Chhattisgarh Gambling (Prohibition) Act, 2022, which prescribes a maximum punishment of six months' imprisonment and is a bailable offence. Further, in view of Section 16(1)(a) of the Chhattisgarh Gambling (Prohibition) Act, 2022, the alleged offence being bailable, I am not inclined to exercise the discretionary jurisdiction of granting anticipatory bail in favour of the applicant. Accordingly, the application seeking grant of anticipatory bail stands rejected. Sd/- (Ravindra Kumar Agrawal) Judge
SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.07.29 11:04:04 +0530