Raipur Chhattisgarh v. State Of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 2025:CGHC:7734 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1238 of 2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.02.13 14:27:54 +0530 Madhur Balecha S/o Seval Balecha Aged About 22 Years R/o 406, N.V. Ara, South Gova, Present Address - Mahadev Ghat, Satyam Vihar Colony, Raipur, District - Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Kotwali Korba, District - Korba (C.G.) ... Respondent(s) For Applicant(s)
Legal Reasoning
Looking to the material available on record, prima facie case is not made out against the present applicant. Further, co-accused, namely, Munna Khan, Aditya Prasad Khairwar, Maish Udasi and Vijendra Dhari have already been granted bail by this Court in MCRC No. 8114/2024, 230/2025, 552/2025 and 719/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025 and 24.01.2025 and the case of the present applicant is identical to that of the co- accused persons. He lastly submits that applicant is languishing in jail since 11.05.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time. Hence, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application of the applicant but could not dispute the fact that co-accused person have already been granted bail by this Court and the case of the present applicant is identical to that of the co- accused persons. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that co-accused, namely, Munna Khan, Aditya Prasad Khairwar, Maish Udasi and Vijendra Dhari have already been granted bail by this Court in MCRC No. 8114/2024, 230/2025, 552/2025 and 719/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025 and 24.01.2025 and the case of the present applicant is identical to that of the co-accused persons, charge-sheet has already been filed and the applicant is languishing in jail since 11.05.2024 hence, this Court is of the opinion that the applicant is 4 entitled to be released on bail in this case on the ground of parity. 6. Let applicant, Madhur Balecha, involved in Crime No.273/2024, registered at Police Station Kotwali, District - Korba (C.G.) for the offence punishable under Sections 7 and 8 of Chhattisgarh Gambling Prohibition Act, 2022 and Section 420, 120-B of the IPC and Section 66(C) of the 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 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 him in accordance with law. 7. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Manpreet
Arguments
: Mr. Dharmesh Srivastava, Advocate For Respondent(s) : Ms. Supriya Upasne, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice 13.02.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.273/2024, registered at Police Station Kotwali Korba, District - Korba (C.G.) for the offence punishable under Sections 7 and 8 of Chhattisgarh Gambling Prohibition Act, 2022 and Section 420, 120- 2 B of the IPC and Section 66(C) of the Information Technology Act. 2. The prosecution story in brief is that on 11.05.2024, the Police Station on receiving in information by the secret informant that the co-accused Prateek Kumar Vidhwani, resident of DDM Road Korba is gambling online through mobile phone and also involving some other persons to play online betting. On the basis of secret information, a police team of Police Station Kotwali went to the spot and conducted raid whereby a person was found who disclosed his name Prateek Vidhwani and accepted his act regarding online betting. Two mobile phones were seized from his possession in which various chats were present by which online betting was conducted with Mahadev Panel, Reddy Ambani, Tata Lotus. It is alleged that the co-accused has made separate ID of his customers (gamblers) and opening their accounts in different banks and it was also found that the present applicant uses online transaction through Google Pay merchant and Phone Pay. The co-accused Prateek Vidhwani was arrested by the police and on the basis of his memorandum, some articles were seized from his possession and FIR bearing Crime No. 273/2024 was registered at Police Station Kotwali, District - Korba (C.G.) on 11.05.2024 for the aforesaid offences. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has not committed any offence. He further submits that there is no direct allegation against the present applicant and only vague allegations are levelled against him. 3