Manish Udasi S/o Late Amar Lal Udasi Aged About 36 Years R/o Katora Talab v. State Of Chhattisgarh Through P.S. Kotwali, District- Korba
Case Details
1 2025:CGHC:3722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 552 of 2025 Manish Udasi S/o Late Amar Lal Udasi Aged About 36 Years R/o Katora Talab, Tehsil And District Raipur (Chhattisgarh) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Kotwali, District- Korba (C.G.) ... Non-Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN For Applicant(s)
Legal Reasoning
: Mr. Ajay Kumrani, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/01/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 273/2024 registered at Police Station Kotwali, District- Korba (C.G.) for the offence punishable under Sections 7 & 8 of Chhattisgarh Gambling Prohibition Act, 2022, Section 420, 120 of IPC and 66 (C) of Information Technology Act. 2. Case of the prosecution, in brief, is that on 11.05.2023, Police of 2 Station Kotwali received information that co-accused Prateek Kumar Vidhwani, a resident of DDM Road, Korba, was engaged in online gambling via mobile phone and involving others in online betting. Acting on this, a police team raided the location, arrested Prateek Vidhwani, and seized two mobile phones containing evidence of betting through platforms like Mahadev Panel, Reddy Ambani, and Tata Lotus. It was alleged that he created customer IDs, opened bank accounts, and conducted transactions via Google Pay Merchant and PhonePe. An FIR (Crime No. 273/2024) was registered on 11.05.2024 under Sections 7 & 8 of the Chhattisgarh Gambling Prohibition Act, 2022. Based on Prateek's memorandum, other accused, including the present applicant, were arrested, articles were seized, and witness statements recorded. After investigation, a charge sheet was filed on 08.07.2024 before the Chief Judicial Magistrate, Korba, for offences under Sections 7 & 8 of the Chhattisgarh Gambling Prohibition Act, 2022, Sections 420 & 120-B IPC, and Section 66 of the IT Act.. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that two of the co-accused persons, namely, Munna Khan and Aditya Prasad Khairwar have already been granted bail by this Court vide order dated 29.11.2024 and 10.01.2025 in MCRC No.8114 of 2024 and MCRC No.230 of 2025, respectively, and the case of the present applicant is similar to that of the co-accused persons. The applicant is in jail since 3 11.05.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant alongwith other co-accused persons engaged in online gambling via mobile phone and involving others in online betting, they used to create customer IDs, opened bank accounts, and conducted transactions via Google Pay Merchant and PhonePe, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.05.2024, the fact that though the allegation against the applicant that he alongwith other co-accused persons engaged in online gambling via mobile phone and involving others in online betting, they used to create customer IDs, opened bank accounts, and conducted transactions via Google Pay Merchant and PhonePe, but two of the co-accused persons, namely, Munna Khan and Aditya Prasad Khairwar have already been granted bail by this Court vide order dated 29.11.2024 and 10.01.2025 in MCRC No.8114 of 2024 and MCRC No.230 of 2025, respectively, and the case of the present applicant is similar to that of the co-accused persons, further the applicant has no criminal antecedent and 4 charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Mainsh Udasi, involved in Crime No. 273/2024 registered at Police Station Kotwali, District- Korba (C.G.) for the offence punishable under Sections 7 & 8 of Chhattisgarh Gambling Prohibition Act, 2022, Section 420, 120 of IPC and 66 (C) of Information Technology Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of 5 the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil