Jaripatka, Nagpur, Maharashtra v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:10300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1693 of 2025 Dinesh Vaswani S/o Dileep Vaswani Aged About 34 Years R/o H.No.-143, Jaripatka, Nagpur, Maharashtra ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, P.S.- Kotwali, Dist.- Korba, Chhattisgarh ... Non-applicant For Applicant
Legal Reasoning
: Ms. Lata Nayak, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.03.2025 PREETI KUMARI Digitally signed by PREETI KUMARI 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he 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 – 420, 120B of the Indian Penal Code read with Sections 7, 8 of C.G. Gambling Prohibition Act, and Section 67 of Information Technology. Act. 2. The case of the prosecution, is that on 11.05.2024, as per secret 2 information received from the informant that the co accused Prateek Kumar Vidhwani is a gambler and involving persons online through mobile phone to play online betting. On the information, Police team rush to the spot and conducted raid wherein the co accused was found and accepted the act of online betting. Accordingly, two mobile phone were seized from his possession in which various chats were present through which online meeting was conducted with Mahadev panel, Reddy Ambani and Tata Lotus. It is also the case of prosecution that main accused Prateek Kumar Vidhwani has made separate and distinct ID of his customers(gamblers) and has opened their accounts in different banks accordingly Prateek Vidhwani was arrested by the police and his memorandum was recorded. On the basis of memorandum various other persons including present applicant has been roped in the crime and thereafter on 20.05.2024 the police has arrested the present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the on the basis of memorandum the applicant has been implicated in this case, no incriminating article has been seized from the possession of the applicant. He further submits that the co-accused persons, namely, Munna Khan, Aditya Prasad Khairwar, Maish Udasi, Vijendra Dhari, Kasim Mohammad and Madhu Balecha have already been granted bail by the Court in MCRC Nos. 8114/2024, 230/2025, 552/2025, 719/2025, 948/2025 and 1238/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025, 24.01.2025, 05.02.2025 and 13.02.2025 respectively. He also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 20.05.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays grant 3 of bail to the applicant on the ground of parity. 4. On the other hand, the learned State counsel opposes the bail application of the applicant but could not dispute the fact that the co-accused persons have already been granted bail by this Court and the case of the present applicant is identical to that of the co-accused person. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the on the basis of memorandum the applicant has been implicated in this case, no incriminating article has been seized from the possession of the applicant. He further submits that the co-accused persons, namely, Munna Khan, Aditya Prasad Khairwar, Maish Udasi, Vijendra Dhari, Kasim Mohammad and Madhu Balecha have already been granted bail by the Court in MCRC Nos. 8114/2024, 230/2025, 552/2025, 719/2025, 948/2025 and 1238/2025 vide order dated 29.11.2024, 10.01.2025, 21.01.2025, 24.01.2025, 05.02.2025 and 13.02.2025 respectively and the case of the present applicant is identical to that of the co-accused persons, the charge-sheet has been filed against the applicant and he is in jail since 20.05.2024 and conclusion of the trial is likely to take some time, 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. Accordingly, the bail application is allowed. Let the applicant - Dinesh Vaswani, involved in Crime No - 273/2024, registered at Police Station – Kotwali, District- Korba (C.G.) for the offence punishable under Sections 4 – 420, 120B of the Indian Penal Code read with Sections 7, 8 of C.G. Gambling Prohibition Act, and Section 67 of Information Technology Act, be released on bail on his furnishing a personal bond with two local 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 the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion 5 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 concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice