1 CGHC010325802026 2026:CGHC:40310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8190 of 2026 1 - Abhishek Dambade S/o Santosh Dambade Aged About 24 Years R/o Paras, P.S. Balapur, District Akola Maharashtra 2 - Manoj Mukhiya S/o Nandu Mukhiya Aged About 29 Years R/o Haithiwali, P.S. Bhairav, District Madhubani Bihar 3 - Ram Chand Choube S/o Janardan Choube Aged About 21 Years R/o Manarkhed, P.S. Balapur, District Akola Maharashtra ... Applicants versus State Of Chhattisgarh Through S H O Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai Chhattisgarh ... Respondent (Cause title taken from Case Information System) For Applicants : Dr. Shailesh Ahuja, Advocate For Respondent/State : Mr. Rishiraj Pithwa, Deputy G.A Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 15/09/2026 1. This is the first bail application of the applicants under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred as “BNSS”). The applicants have been arrested on 25.10.2025 in VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.09.17 18:17:19 +0530 2 connection with Crime No. 476/2025, registered at Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) for the offence under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 66-D of Information Technology (Amendment) Act, 2008. Subsequently, the charge sheet was filed for the offence under Sections 111(2), 318(4), 319 and 61(2)(b) of Bharatiya Nyaya Sanhita, 2023, Section 66-D of Information Technology Act, 2000 (as amended in the year 2008) and Sections 6 and 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. 2. The case of the prosecution is that, the complainant Ku. Vasudha Sinha was a student in Pre-Ph.D. at Indira Kala Sangeet Vishwavidyalaya, Khairagarh, on 22.08.2025, she received an advertisement in her instagram for shopping of Chickenkari Clothes. When she contacted to its given number, the accused persons provided their QR code and get transferred Rs. 1000/- in their account. Thereafter, in various installments total Rs. 64,100/- was being transferred by the complainant in the said account through QR code. When the complainant could not receive any material which she purchased, nor received her money back, she made a complaint on Dial 1930. The FIR was registered against holder of mobile No. 7357885388. During the investigation, it reveals that the accused persons have organized the online gaming, betting App and 100 book online gambling and running their activities in their syndicate. They used Cyber mode to cheat various persons by selling Chickenkari Clothes through online on cheap rate and allured the customers to transfer their money to buy the said clothes. The police traced the 3 location and transactions made by the accused persons and conducted raid at Mumbai from where the present applicants have been arrested. Their memorandum statements have been recorded on 24.10.2025, in which they disclosed their involvement in online gambling activities. The police have seized 01 mobile phone, 06 ATM cards, 08 passbooks, 01 cheque book and 02 SIM cards from the applicant No.1 Abhishek Dambade; 02 mobile phones, 07 ATM cards, 06 bank passbooks and 03 SIM cards have been seized from the applicant No.2 Manoj Mukhiya; and 06 mobile phones, 01 laptop, 05 bank passbooks, 02 cheque books, 03 ATM cards, 01 SBI debit card and two SIM cards from applicant No.3 Ram Chand Choube. The various mobile phones, bank passbooks, cheque books, SIM cards and ATM cards have also been seized from other accused persons. After completion of investigation charge sheet has been filed before the learned trial Court, in which the applicants are claiming regular bail. 3. Learned counsel for the applicants would submit that, it is a simple case of cheating with the complainant Ku. Vasudha Sinha and initially the offence was registered under Section 318(4) of BNS, 2023 and Section 66-D of I.T. Act. the complainant Ku. Vasudha Sinha has been examined before the learned trial Court on 07.08.2026 as PW-5 and she has turned hostile and not supported the prosecution’s case. She admitted in her evidence that she received her money back and she does not want to prosecute her complaint further and she has not suffered any financial loss. He referred to the deposition of PW-5 Ku. Vasudha Sinha annexed in the bail application as Annexure A/3. The 4 simple case of cheating has been converted by the police authorities in the case of online gambling, in which the applicants are not involved and there is no legally admissible evidence to connect them with online gambling activities. He would further submit that the allegation of organized crime has not been satisfied by the prosecution and no sufficient material as required for organized crime is available in the charge sheet to prosecute the applicants for the said offence. Except the electronic evidence, there is no other material to show that they are running the betting App and involved in the offence of cheating through online mode or online gambling. The applicants are in jail since 25.10.2025. They are the students and imparting education at Mumbai. Final adjudication of the case will take its own time, no any further custodial interrogation is required, there is no criminal antecedent against the applicants, therefore, they may be enlarged on bail. 4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicants and has submitted that, it is not a simple case of cheating through online mode by alluring to sell the Chickenkari Clothes through window shopping. Though initially the complainant made a complaint of cheating through online mode, however during investigation, a huge network of online gambling was surfaced and after due investigation, the police traced the accused persons and conducted raid at the place, from where the accused persons were running their online gambling activities. A huge quantity of mobile phones, bank passbooks, ATM cards, cheque books, SIM cards, etc. have been seized from the accused persons. 5 On examination of their mobile phones and electronic gadgets, large numbers of their mobile chats, QR codes, screenshots and bank account details have been extracted, which directly connects the accused persons with the offence of online gambling. Had they been imparting their education from Mumbai, they would not have been found in possession of such a huge quantity of electronic gadgets, passbooks and ATM cards of different banks and in the name of different persons. He would further submit that out of 10 cited witnesses in the charge sheet, 06 witnesses have already been examined before the learned trial Court and the trial of the case is at its fag end. He would further submit that even though the complainant Ku. Vasudha Sinha received her money back and she does not want to prosecute her complaint further, looking to the seriousness of the offence and other evidence of online gambling available in the charge sheet, no benefit could be extended to the accused persons on the ground that the complainant has not supported the prosecution’s case. In view of the nature of offence, the manner in which the applicants are allegedly involved in the offence in question, they are not entitled to be released on bail. 5. I have heard the learned counsel for the parties and perused the case diary and gone through the documents annexed with the bail application. 6. Considering the nature and gravity of the allegations, the manner in which the applicants are alleged to have participated in an organized online gambling network and the material collected during investigation, including seizure of several mobile phones, ATM cards, 6 bank passbooks, cheque books and SIM cards from the applicants and other accused persons, coupled with the electronic evidence in the form of chats, QR codes, screenshots and bank account details, prima facie connecting the applicants with the alleged activities, this Court is of the considered view that the allegations cannot be treated as a mere case of cheating confined to the complainant. The fact that the complainant has received back the amount allegedly transferred by her and has not supported the prosecution case would not, at this stage, efface the other incriminating material collected during investigation or dilute the allegations relating to organized online gambling activities. Out of 10 cited witnesses, 06 witnesses have already been examined and the trial of the case is at its advance stage. Though the applicants have remained in custody since 25.10.2025 and the charge-sheet has already been filed, the seriousness of the allegations, the nature of the material available on record and the stage of the trial do not persuade this Court to exercise its discretion in favour of the applicants. 7. Accordingly, the present bail application filed by applicants No.1 Abhishek Dambade, No.2 Manoj Mukhiya and No.3 Ram Chand Choube is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved