1 CGHC010342052026 2026:CGHC:41091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8516 of 2026 1 - Karan Choudhary S/o Sanjay Choudhary, Aged About 29 Years, R/o Next to Spring Valley Colony, Opposite Friends Colony, P.S. Ctiy Kotwali, Raigarh Tahsil and District- Raigarh (C.G.) --- Applicant versus 1 - State of Chhattisgarh Through Police Station Ghargodha, District- Raigarh (C.G.) --- Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Kishore Bhaduri, Senior Advocate with Mr. Amitesh Yadav, Advocate. For State : Mr. Atanu Ghosh, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 21-09-2026 1. The present bail application has been filed by the applicant who has been arrested on 12.05.2026, for grant of regular bail in connection with Crime No. 148 of 2026, registered at Police Station Gharghoda, District Raigarh (C.G.), for the offences punishable under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022, Sections 111, 336(3), 3(5), 238, 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the Information Technology Act, 2000. 2. The case of the prosecution, in brief, is that on 26.04.2026, the Police of Police Station Gharghoda, District Raigarh received secret information that Digitally signed by MOHAMMED AADIL KHAN Date: 2026.09.24 11:48:09 +0530 2 accused Bharat Goyal was engaged in online gambling in relation to a cricket match between Kolkata Knight Riders and Lucknow Super Giants and was present at Goyal Trading shop. Acting upon the said information, the police conducted a raid and apprehended the accused Bharat Goyal, who was allegedly found actively engaged in online gambling. During interrogation, he disclosed that the proceeds of the online gambling were being transacted through the bank accounts of Karan Choudhary (present applicant) and Jasmit Singh Bagga @ Gudda Sardar through their respective UPI accounts 7611122222@ibl and jas76111@ybl that the said persons were managing the overall operation of the online gambling activity. The bank account details of Jasmit Singh Bagga were obtained, and the case diary was forwarded to the Cyber Cell, Raigarh. 3. It is further the case of the prosecution that on 12.05.2026, accused Karan Choudhary was taken into custody and his memorandum statement was recorded, wherein he disclosed that he was involved in online gambling along with other accused persons, namely, Amit Mittal, Mohit Sonwani, Rahul Khandelwal, Sulabh Khandelwal, Akash Motwani and Prakash Wadhwani, and that, for the purpose of concealing the proceeds of the online gambling, Hawala transactions were being undertaken through the co-accused Sunil Kumar Agrawal and Pushkar Agrawal. It is alleged that, upon their apprehension, the co-accused persons disclosed their involvement in Hawala transactions for concealment of the proceeds of online gambling at various places, namely, Raipur, Sakti, Kharsia and Delhi, and that certain cash amounts had been kept at their respective residences. In Crime No. 218 of 2026 registered at Police Station City Kotwali, Raigarh, cash amounting to Rs. 50 lakhs, one currency-counting machine and a mobile phone were seized from Sunil Kumar Agrawal, whereas cash amounting to Rs. 52,60,300/-, kept in three bags, along with two mobile phones, was seized from Pushkar Agrawal. They were also implicated in 3 Crime No. 147 of 2026 registered at Police Station Gharghoda. During the investigation, 01 Mobile Phone, 01 Notebook and 01 Pen have been seized from accused Sulabh Khandelwal. 02 Mobile Phones and 01 Notebook have been seized from Prakash Wadhwani, 10 Mobile Phones, 03 Notebooks, 01 Laptop bag, 01 Tab, 02 Laptops, 02 Pen, 01 Voter ID Card and Printed Papers of Account have been seized from the accused Rahul Khandelwal. 04 Mobile Phones, 02 Laptops, 01 Notebook and 01 Pen have been seized from the accused Mohit Somani. 02 Mobile Phones, 01 Laptop, 01 Aadhar Card, 01 Wallet, Pen Card, Driving License and 01 Dragon Fly Card have been seized from the accused Amit Mittal. 01 Mobile Phone has been seized from the accused Jasmit Singh Bagga. 4. The investigation further revealed that certain accused persons were operating the alleged betting network from Goa and the accused persons were conducting their betting operations from Candolim, Goa. They used APK based television application, which allegedly displayed the match several seconds ahead of normal television transmission. They obtained betting rates from Abhinandan Book. The accused Pushkar Agrawal and Sunil Agrawal transferring the betting money through Hawala transactions through cash, petrol pump account and intermediary. The applicant and other accused persons have been arrested and after completion of investigation, charge sheet has been filed against him and other accused persons. 5. Learned counsel appearing for applicant would submit that, from the applicant only one mobile and cash Rs.21000/- has been seized. He is falsely implicated in the offence based on memorandum statement of other accused persons. There is no bank account details that the amount has been transacted through his bank account or he is the beneficiary of the money transaction through online betting operation. Nothing has been 4 recovered from his phone, which directly connects him from the alleged offence. The electronic evidence is not sufficient to implicate him in the offence in question. The police has arrested him on the basis of the conversation made with another accused, whereas both of them were the members of Shri Shyam Lakhdatar Sewa Samiti, Raigarh and in course of their business of the said Sewa Samiti, they made conversations with each others, which the police has made conversation with respect to the alleged betting operation. Two other crime numbers bearing Crime Nos. 217/2026 and 218/2026 also registered at Police Station City Kotwali, Raigarh against the present applicant. As per Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, the memorandum statements are not admissible and except this, there is no connecting evidence available in the charge sheet against the applicant. Though the mobile phone has been seized from the applicant, however, there is no sufficient evidence or cyber analysis report, which prima facie disclosed commission of any offence are linked the present applicant with the alleged offence. The memorandum statements and seizure memos were prepared in Crime Nos. 217/2026 and 218/2026 registered at Police Station City Kotwali, Raigarh and in the present case, there is no separate memorandum or seizure from the applicant and all the materials collected in the offence registered at Police Station City Kotwali, Raigarh have been considered in the present offence also. Though the applicant is having some criminal antecedents, but that itself is not sufficient to reject his bail application. He would further submit that, even if the prosecution case is to be taken as it is, the offence under Section 111 of the BNS, 2023 would not be attracted, as the alleged offence does not satisfy the ingredients of the organized crime. Total 44 witnesses have been cited in the charge sheet, trial of the case will take its own time, the applicant is in jail since 12.05.2026. Therefore, he may be enlarged on bail. 5 6. Per contra, Mr. Atanu Ghosh, Deputy Govt. Advocate appearing for the State opposes the submissions advanced on behalf of the applicant and submits that, in the memorandum statements of co-accused persons Goutam Bhojwani, Sagar Gupta and Laxminarayan Sidar, the name of applicant Karan Choudhary and Jasmit Singh Bagga surfaced. Upon interrogation, the present applicant and Jasmit Singh Bagga disclosed the names of other accused persons, who were allegedly involved in concealing the proceeds of online gambling through Hawala transactions. It is submitted that a substantial amount of cash, totaling Rs.1,02,60,300/-, has been seized from the accused Sunil Kumar Agrawal and Pushkar Agrawal. During the investigation, the huge network of online gambling was detected and then the offence of Sections 111, 336(3) and 61(2) of BNS 2023 and Section 66-D of I.T. Act, 2000 were added. Number of electronic gadgets have been seized from the accused persons, from which various screenshots and bank transactions detail, etc. have been extracted, which directly connects them with the online gambling and their syndicate. He would further submit that the applicant is having 20 criminal antecedents including the present offence, i.e. Crime No.148/2026 and 147/2026 and Crime Nos.217/2026 and 218/2026. Considering the huge network of online gambling, the mode of the said transactions and the manner in which the accused persons syndicate the online gambling activities, the present applicant is not entitled to be released on bail. He would further submit that the bail applications of co-accused persons have already been rejected by this Court vide order dated 15.09.2026 passed in MCRC No.7854 of 2026, MCRC No.8155 of 2026, MCRC No.7934 of 2026, MCRC No.7932 of 2026 and MCRC No.7856 of 2026. 7. I have heard learned counsel for the parties and have perused the case diary as well as the material annexed with the bail application. 6 8. The allegations against the present applicant is not confined to his mere presence or isolated participation in any betting activity, but prima facie disclose an organized online gambling/betting network in which different accused persons were allegedly assigned different roles, including operation of the betting activities, management of financial transactions and concealment of the proceeds through Hawala transactions. The investigation has further disclosed that the betting operation was being conducted from Candolim, Goa, through an APK-based television application and that betting rates were being obtained from Abhinandan Book. The prosecution has also alleged movement of betting proceeds through cash, bank/UPI accounts, petrol pump accounts and intermediaries, and a substantial amount of Rs.1,02,60,300/- has been seized from co-accused Sunil Kumar Agrawal and Pushkar Agrawal. During investigation, several electronic devices and other articles, including mobile phones, laptops, notebooks, tablet and documents relating to accounts, have been seized from the the accused persons, from which, according to the prosecution, screenshots, bank transaction details and other electronic material have been extracted, allegedly connecting them with the online gambling operation and the syndicate. Thus, at this stage, the submission that the applicant has been implicated merely on the basis of memorandum statements of co-accused persons cannot be accepted, as the prosecution case is also founded upon the electronic and other material collected during investigation. The question regarding admissibility and evidentiary value of such material is to be considered at the stage of trial. Though completion of investigation and filing of the charge-sheet are relevant considerations, they cannot be considered in isolation from the nature and gravity of the allegations, the manner in which the alleged betting network was operated and the material collected against the applicant. 7 9. It is further relevant that the prosecution has cited 44 witnesses and the case involves substantial documentary and electronic material which is yet to be tested during trial. The case diary also reflects criminal antecedents against the present applicant and the prosecution has stated that several of such antecedent cases are of similar nature concerning gambling activities. Having regard to the cumulative effect of the material available in the case diary, including the alleged organized nature of the online gambling operation, the alleged financial and Hawala transactions, seizure of substantial cash from the co-accused, seizure made from the present applicant and the electronic material allegedly connecting with the betting network and that the bail applications of the co-accused persons have already been rejected by this Court vide order dated 15.09.2026, this Court is of the view that the present applicant does not deserve the discretionary relief of bail at this stage. 10. Accordingly, the present bail application (MCRC No.8516 of 2026) filed by the applicant Karan Choudhary is hereby rejected. Sd/- (Ravindra Kumar Agrawal) Judge Aadil