Gandai, Chhattisgarh v. Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
Case at a glance
Outcome
Bail granted
Accordingly, the bail application is allowed and it is directed
Provisions considered
Key paragraphs
- Para 88. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court…
Judgment
: Shri Abhishek Sharma, Adv. : Shri Aditya Bhardwaj, PL. Hon'ble Shri Justice N aresh Kumar Chandravanshi 5-12-2023 Order on Board
This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 19-10-2023 in connection with Crime No. 250/2023 registered at Police Station Gandai, distt. Khairagarh-Chhuikhadan- Gandai (C.G.), for the offence punishable under Section 6 of the CG Gambling (Prohibition) Act, 2022.
Allegation against the applicant is that on 19-10-2023 on information received from the informant, police caught red handed the applicant while he was writing speculative strip and seized two speculative strips, one pen and Rs. 151/-. Based on above facts, instant crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is in jail since 19-10-2023. Charge sheet has been filed. Hence, the applicant may be enlarged on bail.
On the contrary, learned State counsel opposes the application for grant of bail and submits that earlier also, Crime No. 177/2022 and Crime No. 250/2023 under the provisions of 2 Gambling Act have been registered against the applicant and he has also been sentenced, even then conduct of applicant instead of getting improved, has deteriorated. Hence he is not liable to be released on bail.
In reply, learned counsel for the applicant submits that offence under Section 6 of the Gambling Act, is punishable for 6 months to 3 years for 1st offence and 1 year to 5 years for subsequent offence. Hence, considering the maximum sentence, the applicant may be released on bail.
Heard learned counsel for the parties and perused the material available on record and on the case diary.
Having heard learned counsel for the parties and having regard to the facts, particularly considering the fact that charge sheet has been filed against the applicant under Section 6 of the CG Gambling (Prohibition) Act, 2022, which is punishable for 6 months to 3 years for 1st offence and 1 year to 5 years for subsequent offence, therefore, considering detention period of the applicant and the maximum sentence provided under the offence, I feel inclined to release the applicant on bail.
Operative part
Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. It is also directed that applicant and the surety shall submit a copy of their Adhaar card along with a coloured postcard full size photo having printed the Adhar card number on it, which shall be verified by the concerned trial Court. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the bail application is allowed and it is directed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; CG Gambling (Prohibition) Act, 2022 — s. 6.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.