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2026 DAILYLAW 35830 (CHH)

SHANKAR KUMAR RAM v. STATE OF CHHATTISGARH

MCRC/8280/2026 · 2026-09-14

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2026

Judgment text

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1 CGHC010334792026 2026:CGHC:40312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8280 of 2026 1 - Shankar Kumar Ram S/o Lochan Ram Aged About 37 Years R/o Village- Aranpur Thana- Litpur, District- Madhubani Bihar (U.P) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Police Of Police Station - New Rajendra Nagar, District- Raipur (C.G.) --- Respondent(s) MCRC No. 8282 of 2026 1 - Shanky Darda S/o Uttam Chand Darda Aged About 39 Years R/o Block A, 103 Sai Twins, Amlidih, Raipur, District- Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Police Of Police Station- New Rajendra Nagar, District- Raipur (C.G.) --- Respondent(s) 2 For Petitioner(s) : Mr. Akash Ahuja, Advocate For Respondent/State : Ms.Supriya Upasne, GA (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 15/09/2026 These are the first bail applications filed on behalf of the respective applicants arising out of the same crime number. Since the applications involve common questions of fact and law, they are being heard and disposed of by this common order. 2. M.Cr.C. No. 8280 of 2026 has been filed by the applicant Shankar Kumar Ram, who was arrested on 28.02.2026, whereas M.Cr.C. No. 8282 of 2026 has been filed by the applicant Shanky Darda, who was arrested on 26.02.2026. 3. Both the applications are the first bail applications preferred by the respective applicants, who have been arrested in connection with Crime No. 59/2026, registered at Police Station New Rajendra Nagar, District Raipur (C.G.), for the offences punishable under Section 7 of the Chhattisgarh Gambling Prohibition Act and Section 112(2) of the Bharatiya Nyaya Sanhita, 2023. 4. The case of the prosecution, in brief, is that on 25.02.2026, while the police personnel of Police Station New Rajendra Nagar, Raipur, were on patrolling duty, they received secret information that two persons travelling in a white Maruti Baleno bearing registration No. CG- 3 12-BM-9660 were engaged in online betting in connection with a 2020 Cricket World Cup match. 5. Acting upon the said information, the police reached the suspected place and found two persons sitting in the aforesaid vehicle. On being questioned, they disclosed their identities as Shanky Darda and Prateek Kumar Vadhwani. During interrogation, they allegedly admitted their involvement in online gambling. From pplicant Shanky Darda, eight mobile phones, four passbooks, twelve ATM cards and cash amounting to Rs.14,100/- were seized. From accused Prateek Kumar Vadhwani, three mobile phones and cash amounting to Rs.10,500/- were seized. 6. It is further alleged that upon examination of the mobile phones of the accused persons, betting platforms/websites, namely 23exch9.com, allpanele xch.app and 99.com, were found, along with records relating to online gambling. Screenshots thereof were taken and printouts were prepared. Thereafter, in their memorandum statements, the said accused persons allegedly disclosed the involvement of other accused persons, namely Surya (Mobile No. 9193660415), Dhananjay Vaishnav (Mobile No. 447700103039), Kuldeep (Mobile No. 7718064937), Bhola (Mobile No. 9202491359), Shubham (Mobile No. 7569305092), Pramod (Mobile No. 9302977679), Prakash Chand Giri (Mobile No. 9752809455), and Shankar (Mobile No. 8420928266). 7. They further allegedly disclosed that all the accused persons 4 were engaged in betting through the aforesaid platforms and that, for the purpose of facilitating payments, they used WhatsApp groups named “JMK DP” and “Jaidev DP”. It was also disclosed that their associates were operating online gambling activities from Goa. During the course of investigation, it was further found that various bank accounts standing in the names of different persons were linked with the mobile number of applicant-Shanky Darda. The mobile phones of the other accused persons were also found to be connected with bank accounts held in the names of various persons. Thereafter, the FIR was registered and, upon completion of the investigation, a charge- sheet was filed against seven accused persons, including the present applicants, namely Prakashchand Miri, Saket Jagwani and Dhananjay Kumar Vaishnav. From co-accused Prakashchand Miri, one mobile phone was seized, from co-ccused-Dhananjay Kumar Vaishnav, one laptop, one electronic notebook (tablet), sixteen mobile phones and one Wi-Fi router were seized. From accused Saket Jagwani, two laptops, seventeen mobile phones and one Wi-Fi router were seized. 8. Learned counsel for the applicants submits that the electronic evidence allegedly collected by the police is not admissible in evidence. It is contended that although various mobile phones and bank accounts were recovered by the police from applicant Shanky Darda, there is no material evidence demonstrating that the present applicants were involved in monetary transactions through the said bank accounts or that they were actively engaged in online gambling. 9. It is further submitted that no incriminating data connecting the 5 applicants with the alleged offence could be extracted from the mobile phones seized from them. Since the investigation has been completed and the applicants have remained in custody since 28.02.2026 and 26.02.2026, respectively, and the final adjudication of the case is likely to take considerable time, threrefore they may be enlarged on bail. 10. On the other hand, learned State counsel opposes the submissions made by the counsel for the applicants and submits that initially the applicant Shanky Darda and co-accused Prateek Kumar Vadhwani were arrested, as they were found to be actively engaged in online gambling. On the basis of their memorandum statements and the material extracted from their mobile phones, including screenshots, the other accused persons were subsequently arrested. 11. Learned State counsel submits that during investigation, material was collected from the mobile phones of the accused persons regarding their connections with bank accounts standing in the names of numerous persons. According to the prosecution, the said material prima facie demonstrates that the accused persons had formed a network for conducting online gambling activities and were actively involved therein. It is further submitted that the screenshots obtained from the mobile phones of the accused persons, the contents thereof, the bank transaction details and other material collected during investigation constitute sufficient prima facie material indicating the involvement of the present applicants in online gambling. 12. It is also submitted that a large network was allegedly formed by 6 the accused persons and that numerous mobile phones, bank accounts and ATM cards were used in connection with the said network. These accounts and devices were allegedly interlinked with the mobile phones of the accused persons. Therefore, according to the learned State counsel, sufficient prima facie material is available against the present applicants. She further submits that the bail applications preferred by co-accused Prakashchand Miri (M.Cr.C. No. 4058 of 2026), Saket Jagwani (M.Cr.C. No. 4671 of 2026) and Dhananjay Kumar Vaishnav (M.Cr.C. No. 4565 of 2026) were rejected by this Court vide order dated 19.06.2026. On the basis thereof, it is submitted that the present applicants are also not entitled to the benefit of bail. 13. I have heard learned counsel for the parties and perused the case diary. 14. Considering the submissions advanced by learned counsel for the parties, the nature and gravity of the allegations levelled against the present applicants, their alleged role in the commission of the offence, and the seizure of various mobile phones, ATM cards and passbooks from the accused persons, it is apparent that the mobile numbers of the accused persons were allegedly interlinked with bank accounts standing in the names of various persons through which transactions relating to online gambling were being conducted.The material collected during investigation, including the screenshots extracted from the mobile phones of the accused persons, requires consideration at the stage of trial. From the possession of applicant-Shanky Darda, 7 eight mobile phones, four passbooks, twelve ATM cards and cash amounting to Rs.14,100/- were seized. From applicant-Shankar Kumar Ram, one mobile phone was seized. Other electronic devices were also seized from the remaining accused persons. 15. From the material available on record, this Court is required, at this stage, to examine the case only for the limited purpose of determining whether a prima facie case is made out against the applicants and whether they deserve to be enlarged on bail. A detailed appreciation of the evidentiary value, reliability or admissibility of the material collected during investigation would be inappropriate at this stage, as such matters are to be examined during the course of trial. 16. The prosecution alleges that the offence relates to an organized network engaged in online gambling, wherein multiple mobile phones, bank accounts and ATM cards were allegedly used and were interconnected with one another. The material collected during investigation, including the electronic devices, screenshots and bank transaction details, prima facie indicates the alleged involvement of the accused persons in the aforesaid network. The evidentiary value and admissibility of such material, however, shall be considered by the Trial Court at the appropriate stage of the proceedings. Online gambling constitutes an organized and multifaceted criminal activity, which has the potential to cause serious adverse consequences to the economic and financial interests of the country. 17. In view of the graivty and nature of the alleged offence and the 8 specific role attributed to the applicants therein, this Court is not inclined to enlarge the applicants on bail at this stage. Accordingly, the bail applications filed on behalf of the applicants are hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge