1 2026:CGHC:6649 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 615 of 2026 1 - Aziz Khan S/o Abdulla Khan Aged About 68 Years R/o Ward No. 6 Basna, P.S. and Tehsil Basna, District Mahasamund (C.G.) --- Applicant versus 1 - State of Chhattisgarh Through- P.S. Basna, District Mahasamund (C.G.) ---Non-applicant MCRC No. 637 of 2026 1 - Adil Khan S/o Aziz Khan Aged About 34 Years R/o Ward No. 6 Basna, P.S. and Tehsil Basna, District Mahasamund (C.G.) ---Applicant Versus 1 - State of Chhattisgarh Through - P.S. Basna, District Mahasamund (C.G.) ... Non-applicant (Cause-title taken from Case Information System) For Applicants : Mr. Kishore Narayan, Advocate. For State/Non-applicant : Mr. Rohan Shukla, Panel Lawyer. For Objector : Mr. Shikhar Agnihotri, Advocate (in MCRC No.615/2026) and Mr. Prakant Sethi, Advocate (in MCRC No.637/2026) Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 05-02-2026 1. Both these applications are arising out of the same crime number, therefore, they are decided together. 2. These applications have been filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’), which are first bail application before this Court filed by the applicants for grant of regular bail. The Digitally signed by MOHAMMED AADIL KHAN Date: 2026.02.16 18:56:32 +0530 2 applicant Adil Khan has been arrested on 25-12-2025 and applicant Aziz Khan has been arrested on 08-12-2025 in connection with Crime No.488/2025 registered at P.S. -Basna, Distt.- Mhasamund (C.G.) for the offence under Section 7 of Chhattisgarh Jua Act (Chhattisgarh Gambling (Prohibition) Act, 2022), Section 112, 351(2) of Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’). 3. The case of the prosecution is that, complainant Pushpa Pusti lodged a report on 06-12-2025 that she and her husband was induced by present applicant Adil Khan and co-accused Saddam Hussain and they allured them that if they will play the Online Cricket game, they would get the money doubled and thereafter, the accused persons got the amount transferred through PhonePay of mobile number of her husband 8871031090 and the amount of about Rs.15,00,000/- have been transferred in the bank account of Adil Khan through Phone pay 8602686933 and Saddam Hussain Phone Pay No.9399157077. The police has registered offence under Section 7 of Gambling Act and started investigation. During the investigation the statement of Arun Pusti has been recorded in which he disclosed the huge transaction of money from his bank account to the bank account of Adil Khan. The applicants have been arrested and charge sheet has been filed. 4. Learned counsel for the applicants would submit that the husband of the complainant himself was playing the online cricket game and he himself was involved in betting with the accused persons. There is no other persons who have been cheated by the applicants. The entire amount have been refunded to the complainant which has been admitted by the husband of the complainant in his 161 Cr.P.C. statement. He would further submit that when the complainant and her husband also involved in the online gambling, they cannot claim that they are being cheated by the accused persons or the applicants. There is no other evidence with respect to any inducement or any other process of cheating to the complainant. The applicants are in jail since 3 08-12-2025 and 25-12-2025, the final adjudication of the case will take its own time, therefore, they may be enlarged on bail. He would also submit that the ground of arrest have not been informed to the applicants when they were arrested by police. In support of his submission he placed reliance upon the judgment of the Hon’ble Supreme Court in the matter of Mihir Rajesh Shah Vs. State of Maharashtra and Ors., reported in MANU/SC/1492/2025. 5. On the other hand, learned counsel for the State as well as objector vehemently oppose the submissions made by learned counsel for applicants have submitted that in the Online Gambling the accused persons made a syndicate and they induced various persons for transaction of money and they used the bank account of accused Adil Khan and Saddam Hussain. They would further submit that from the statement of Arun Pusti recorded by the police, huge transaction was detected with respect to the regular transaction and siphoning of money through online cricket gambling. It is a syndicate which has been prepared by the accused persons. During the investigation police has seized the bank account details which clearly shows that there was money transactions from the bank account of the complainant and her husband to the bank account of the accused persons. Therefore, looking to the gravity of the offence the applicants are not entitled for bail. Learned counsel for the State would also submit that accused Adil Khan is having a criminal antecedent of the year 2021 with respect to offence under the provisions of Public Gambling Act. Therefore, the applicants are not entitled for bail. 6. I have heard learned counsel for the parties and perused the material annexed with the bail applications as well as the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material available in the charge sheet against the applicants, statement of the complainant and her husband 4 Arun Pusti, the bank account details and the transactions appear in the said bank accounts from the bank account of the complainant as well as the accused persons, gravity of the offence and the manner in which the accused persons prepared a syndicate to siphoning the money from the online cricket game and its over all impact, I am not inclined to release the applicants on bail. 8. The judgment cited by the learned counsel for the applicants does not help them as the facts and consideration in that case is distinguishable to that case and the facts and consideration of the present case. Accordingly, both these bail applications are dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil