Nafr High Court
Case Details
1 2025:CGHC:37237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1146 of 2025 Mohammed Sahil Jaliyawala S/o Mohammed Yasin Jailyawala Aged About 26 Years R/o Sadar Ward Hatri Bazar Bhatapara Ps Bhatapara City District Baloda-Bazar-Bhatapara Chhattisgarh. versus ... Applicant State of Chhattisgarh Through PS Suhela District BalodaBazar- Bhatapara, Chhattisgarh. ... Non-Applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Vijay Shankar Mishra, Advocate. Dr. Saurabh K. Pande, Deputy A.G. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 30 / 07 /20 25 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 80/2025, registered at Police Station Suhela, District- BalodaBazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections 319(2), 318(4), 336(2), 338, 336(3), 340(2), 238, 111 of Bharatiya Nyaya Sanhita, 2023, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Section 42(2) Telecommunications Act, 2023 and Sections 66(C) 66(D) IT Act. 2. As per the case of the prosecution, in brief, is that on 06.04.2025, the complainant, Mahesh Kumar Jangde, approached Suhela Police Station and lodged a report stating that he knew one Sahil Jaliyawala, who had borrowed a sum of Rs. 3,000/- from him a week earlier, promising to return double the amount. On 03.04.2025, at around 11:30 a.m., the complainant handed over the money to Sahil Jaliyawala at Suhela Tigadda. When Sahil failed to return the money, the complainant demanded repayment, upon which Sahil disclosed that the amount had been invested in IPL betting and that, after the team’s victory, he would return the amount. Sahil further revealed that other persons, namely Sanju Soni, Sunny alias Sunny Sardar, and Sandeep Tharani, all residents of Bhatapara, were also involved with him and that their main betting “brand” operated in Hindi. Through this brand, they were allegedly conducting IPL betting using online “Lotus 365” IDs, creating user IDs on mobile phones and enticing people to bet on cricket matches in Suhela and Bhatapara, with the intent to earn huge profits by making the local population addicted to betting. The complainant requested that his Rs. 3,000/- be returned and legal action be taken against those engaged in cricket betting. On the basis of this report, a crime was registered, and investigation commenced. During the raid, inquiries were made regarding the holder of the “Lotus 365” ID. Cyber Cell, Balodabazar, traced the location of Sunny alias Sunny Sardar, but upon reaching the 3 identified location, he was not found. The Cyber Cell team continued to trace the betting activities linked to “Lotus 365,” including locations in Delhi and other areas, but Sunny Sardar remained absconding. During the operation, several individuals, namely Pawan Kumar Munjar, Abhay Sahu, Abhishek Dharampal, Shivam Hinshra, Ankita Bobde, Kapil Hotwani, Satyam Singh, Ayan Gundane, and Mahesh Kalyani, were found in possession of objectionable electronic devices. From them, mobile phones, laptops, passbooks, and ATM cards were seized. Evidence relating to IPL betting through “Lotus 365” and “CBTF” platforms was recovered. Notices were issued to the individuals present at the scene, and after they acknowledged receipt of the notices, the seized articles were brought back to Balodabazar. Upon further interrogation and recovery memorandum, the involvement of the accused and co-accused in IPL betting activities was established, and accordingly, mobile phones, laptops, passbooks, and other articles were seized, and the accused were taken into custody. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has not committed the alleged offence and has been falsely implicated in the aforesaid crime. He further submits that no specific act or role has been attributed to him in the alleged offences. He further submits that no incriminating evidence has been collected by the prosecution to show his involvement or common intention in the alleged offences; his name surfaced only in the memorandum of a co-accused, which is inadmissible in evidence. He also submits that the prosecution has failed to comply 4 with the principles laid down by the Hon’ble Supreme Court in Satendra Kumar Antil vs. CBI (2022) 10 SCC 51, which reafÏrmed that “bail is the rule and jail is the exception,” and directed courts to adopt a balanced approach while safeguarding personal liberty under Article 21 of the Constitution. In the absence of any cogent evidence, and considering the settled law favoring grant of bail, the applicant is entitled to anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the FIR was lodged by the complainant Mahesh Kumar Jangde alleging that Sahil Jaliyawala had taken Rs. 3,000/- and later revealed its use in IPL betting through online “Lotus 365” IDs, in connivance with other accused namely Sanju Soni, Sunny alias Sunny Sardar and Sandeep Tharani. During investigation, Cyber Cell traced the betting network, conducted raids and recovered mobile phones, laptops, passbooks, ATM cards and other objectionable electronic devices from several co-accused, including present applicant and others. He further submits that evidence of large-scale IPL betting and CBTF activities was unearthed, and recovery memorandum confirmed their involvement. It is submitted that considering the gravity of the offence, recovery of incriminating material and existence of sufÏcient evidence connecting the accused with organized betting activities, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the 5 applicant that the applicant and co-accused pertain to an organized crime involving operation of an IPL betting racket through online platforms like “Lotus 365” and “CBTF,” wherein multiple persons were found in possession of objectionable electronic devices, mobile phones, laptops, passbooks and ATM cards during the raid; that substantial evidence has been recovered linking the accused with the said organized betting network; that such activities involve inducing the public into illegal betting to earn huge profits, which is prejudicial to public order; and further, that the main accused Sunny alias Sunny Sardar is still absconding and investigation is at a crucial stage, as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Mohammed Sahil Jaliyawala, involved in Crime No. 80/2025, registered at Police Station Suhela, District- BalodaBazar- Bhatapara (C.G.) for alleged commission of offence punishable under Sections 319(2), 318(4), 336(2), 338, 336(3), 340(2), 238, 111 of Bharatiya Nyaya Sanhita, 2023, Section 42(2) Telecommunications Act, 2023 and Sections 66(C) 66(D) IT Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan