Nafr High Court
Case Details
1 2025:CGHC:4520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 719 of 2025 Vijendra Dhari S/o Late Suresh Dhari Aged About 33 Years R/o Purani Basti, Dhanuharpara, Korba, District- Korba (C.G.) versus ... Applicant State of Chhattisgarh Through Station House OfÏcer, Police Station- Kotwali Korba, District- Korba (C.G.) ... Non-applicant For Applicant
Legal Reasoning
Khairwar, have already been granted bail by this Court in MCRC Nos. 8114/2024 and 230/2025 vide orders dated 29.11.2024 and 10.01.2025 respectively, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Vijendra Dhari, involved in Crime No. 273/2024 4 registered at Police Station Kotwali, District Korba (C.G.) for the offence under Sections 7 & 8 Chhattisgarh Gambling Prohibition Act, 2022, Sections 420, 120-B of Indian Penal Code and Section 66 of Information Technology Act, be released on bail on his furnishing 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 his 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 his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of 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 his in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice
Arguments
: Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 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 under Sections 7 & 8 Chhattisgarh Gambling Prohibition Act, 2022, Sections 420, 120-B of Indian Penal Code and Section 66 of Information Technology Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.25 14:09:10 +0530 2. Case of the prosecution, in brief is that on 11.05.2023, Police Station Kotwali received information that co-accused Prateek Kumar Vidhwani, a resident of DDM Road, Korba, was engaged in 2 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 present applicant is innocent person and has been falsely implicated in the aforesaid case and also submits that the present applicant has no criminal antecedents. He further submits that the police has recorded a memorandum statement from co-accused Prateek Kumar Vidhwani, and based on this statement, certain articles were seized. However, the name of the present applicant mentioned in the memorandum statement, which is inadmissible as evidence under the law. Therefore, the present applicant cannot be implicated in the crime in question. Moreover, no material evidence has been recovered from the possession of the present applicant. He further 3 submits that other co-accused persons, namely, Munna Khan and Aditya Prasad Khairwar, have already been granted bail by this Court in MCRC Nos. 8114/2024 and 230/2025 vide orders dated 29.11.2024 and 10.01.2025 respectively and the present applicant is in jail since 19.05.2024 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the charge - sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the police neither recorded memorandum statement of the present applicant nor any kind of article was seized from exclusive possession of the present applicant and the present applicant has no criminal antecedents., also considering the fact that the charge- sheet has already been submitted in the present case before the competent Court and he is in jail since 20.05.2024 and other co- accused persons, namely, Munna Khan and Aditya Prasad