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2026 DAILYLAW 30333 (CHH)

MR. BABU ALIAS GULSHAN KHEMANI v. STATE OF CHHATTISGARH

MCRC/6624/2026 · 2026-07-29

Shri Ravindra Kumar Agrawal

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Judgment text

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1 CGHC010281052026 2026:CGHC:33052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6624 of 2026 Mr. Babu Alias Gulshan Khemani S/o Brahmanand Khemani Aged About 32 Years R/o House No.11, Maruti Enclave, Tatibandh Police Station Amanaka Raipur, District- Raipur Chhattisgarh, ... Applicant versus State Of Chhattisgarh Through- Police Station Ganj, District- Raipur Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicant : Mr. Manoj Paranjpe, Senior Advocate with Mr. Anshul Tiwari, Advocate For Respondent/State : Mr. Ghanshyam Kashyap, Dy. G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 30/07/2026 1. This is the first bail application filed on behalf of applicant. The applicant has been arrested on 17.04.2026 in connection with Crime No. 110/2026 registered at Police Station Ganj, District Raipur for the offence under Section 7 of the Chhattisgarh Gambling (Prohibition) VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.08.01 16:23:43 +0530 2 Act, 2022 and Section 112(2) of the Bhartiya Nyay Sanhita, 2023 and he is seeking regular bail. 2. The case of the prosecution, in brief, is that on 13.04.2026, while the police personnel of Police Station Ganj were on patrolling duty, they received a secret information that one person was indulge in online betting on an IPL cricket match through mobile phones and from his Honda City car bearing registration No. CG04/NS/5007 near Nagorao Gali Underbridge. Acting upon the said information, the police conducted a raid and apprehended co-accused Mandeep Singh, who was found inside the said vehicle. During his personal search, one mobile phone and cash amounting to ₹95,000/- were seized. 3. During interrogation, Mandeep Singh, in his memorandum statement, disclosed that he was engaged in online cricket betting through the betting application "3 Stumps" and that co-accused Babu Khemani was the owner and operator of the said online betting platform. He has further stated that Kamlesh Dewangan, acting as the agent of Babu Khemani, used to collect cash generated from the betting activities. He also disclosed the names of Karan Khemani, Brahmanand Khemani, Shrikant Sinha, Vijay Pinjwani, Amit Andani, Harsh Nagdev, Vinod Nara, Akash and Rishikesh, along with their respective mobile numbers, alleging that they were operating online betting panels for IPL cricket matches from Pune, Mumbai and Goa. 4. The investigation further revealed, from the mobile phones seized from co-accused Mandeep Singh and Babu Khemani, electronic records 3 reflecting ID-based transactions and telephonic communications between mobile number of Kamlesh Dewangan i.e. 9617831722, Karan Khemani i.e. 8433347333 and 9300660006, Brahmanand Khemani i.e. 9993097804 and Shrikant Sinha i.e. 7000866106. The call and transaction details also indicated interactions between Kamlesh Dewangan and Karan Khemani, Brahmanand Khemani and Shrikant Sinha, through their respective mobile numbers. On the basis of the electronic evidence so collected, the involvement of the accused persons in conducting online gambling in IPL cricket betting was prima facie revealed. Consequently, the present crime was registered and investigation commenced. 5. During the course of investigation, the memorandum statement of Gulshan @ Babu Khemani was also recorded, wherein he allegedly disclosed the involvement of the other accused persons namely; Vishal Kashyap and Rohit Singh, stating that they were managing cash transactions through various bank accounts. He further disclosed the modus operandi adopted by the syndicate in conducting online gambling operations, acquiring immovable properties at different places, and the respective roles played by the other accused persons. He also disclosed that he and his brother Karan Khemani provided four helpline numbers through their ID and when the customers forwarded “Hi” message, after forwarding a welcome message, they being asked for deposit and withdrawal and they choose the option of deposit, their employees Manoj, Akshay and Vinod provided details of mule account through mobile number 9399898366 then the customers 4 deposited their amount through online and then their points have been deposited in the ID of 55exchange.com and through this mode, they are engaged in online gambling. The details of mule accounts, ATM cards and PIN numbers are with his brother Karan Khemani. The investigation against the present applicant has been completed and charge sheet has been filed. 6. Mr. Manoj Paranjpe, learned Senior Advocate appearing for the applicant submits that, there is no incriminating material available against the present applicant except the seizure of his mobile phone. It is contended that no forensic or cyber expert report has been placed on record to establish that any incriminating data was extracted from the seized mobile phones, so as to connect the applicant with the alleged offence. It is further submitted that, apart from the memorandum statement, there is no material implicating the applicant in online gambling. Since such memorandum statement is inadmissible in evidence except to the extent permissible under law, it cannot constitute substantive evidence against the applicant. He would further submit that at the time of arrest of the applicant, the ground of arrest has not been disclosed to him and only disclosed that he has been arrested under the said offence. The ground of arrest should have been informed to the applicant and such information is not a mere formality, but a substantive right of the applicant. Such a right should not be taken away by the prosecution, which is required to defend himself against custodial remand and to seek bail. He would also submit that there is difference in mobile number disclosed by the 5 co-accused Mandeep and other accused persons. Although charge sheet has been filed against the present applicant, however, there are other accused persons who are yet to be arrested and the trial of the case will take its time. The applicant is in jail since 17.04.2026, he has no criminal antecedent and therefore, he may be released on bail. 7. Per contra, learned State counsel opposes the submissions advanced on behalf of the applicant and submitted that the allegations against the present applicant are of a serious nature. It is submitted that the applicant is an active member of a well-organized syndicate engaged in conducting online cricket betting through the website/application "3 Stumps", which is allegedly operated by the present applicant Babu Alias Gulshan Khemani. According to the prosecution, the present applicant was is the key person who is operating the entire affairs of online gambling with the help of other accused persons. The mobile screenshots recovered from the mobile phone of the accused persons with respect to transactions of online gambling. The bank account details and the relevant material available in the case diary with respect to the acquisition of the property at various places, there is sufficient prima facie material available against the present applicant regarding his involvement in the offence. Huge number of electronic devices, ATM cards, passbooks, cheque books have been seized from various co-accused persons. The bail application of the co-accused persons Fatte Singh Yadav, Tulsidas Namdev, Shatrughan Kumar Komre, Sandeep Israni, Masnun Raja, Shubham Sitlani and Sanni Dewangan have been rejected by this Court vide order dated 6 06.07.2026 in MCRC No. 5470 of 2026 along with other connected MCRCs and the case of the present applicant is similar to the co- accused persons, whose bail application have been rejected, therefore, the present applicant is also not entitled to be released on bail. 8. I have heard learned counsel for the parties, perused the documents annexed with the bail application and have gone through the case diary. 9. Having considered the nature and gravity of the allegations, the material collected during the course of investigation, and the submissions advanced by the learned counsel for the parties, this Court finds that the memorandum statement of the present applicant Babu Alias Gulshan Khemani, coupled with the electronic data extracted from the mobile phone of the co-accused persons and the seizure of a large number of mobile phones, cheque books, ATM cards, SIM cards and other electronic devices, prima facie indicate the involvement of the present applicant in the alleged online gambling activities. Prima facie, the material on record reveals that the alleged online gambling operations were carried out through a well-organized syndicate having an extensive network spread across several States, including Chhattisgarh, Maharashtra and Goa, involving numerous accused persons, multiple bank accounts, mobile phones and other electronic gadgets. The allegations disclose an organized and systematic operation involving the transfer of funds generated through 7 online gambling, which has a wider impact on the financial and economic system. 10. So far as the contention of the learned Senior Advocate for the applicant that the grounds of arrest were not communicated to the applicant at the time of his arrest is concerned, the same also does not persuade this Court to enlarge the applicant on bail. Whether the requirement of communicating the grounds of arrest has been duly complied with or whether there has been any infraction thereof is a matter which would require consideration on the basis of the evidence and the material brought on record during the course of trial or in appropriate proceedings. At this stage, the case diary reflects that the applicant was arrested in connection with the present crime and the arrest memo records the offences for which he was taken into custody. Even assuming that the applicant has any grievance regarding non- compliance with the procedural requirement relating to the communication of the grounds of arrest, such contention, by itself, does not eclipse the otherwise strong prima facie material collected during the investigation indicating his involvement in the alleged offence. Therefore, in the facts and circumstances of the present case, the said contention does not constitute a ground to grant regular bail to the applicant. 11. Considering the gravity and organised nature of the offence, the manner in which the syndicate is alleged to have been constituted and operated, this Court is not inclined to exercise its discretion in favour of the present applicant. It is also pertinent to note that the bail 8 applications of other co-accused persons, namely Fatte Singh Yadav, Tulsidas Namdev, Shatrughan Kumar Komre, Sandeep Israni, Masnun Raja, Shubham Sitlani and Sanni Dewangan have been rejected by this Court vide order dated 06.07.2026 in MCRC No. 5470 of 2026 along with other connected MCRCs and Rohit Singh and Vishal Kashyap, have also been rejected by this Court vide order dated 11.05.2026 passed in M.Cr.C. Nos. 4079 of 2026 and 4112 of 2026. Accordingly, the present bail application preferred by the applicant, namely; Babu Alias Gulshan Khemani is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved