2025:CGHC:14933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2457 of 2025

1 - Ritesh Sultania S/o Shri Ramavtar Sultania Aged About 24 Years R/o Bajrang Chowk Pendra, Police Station And Tahsil Pendra, District : Gaurela-Pendra-

Marwahi, Chhattisgarh ... Applicant(s)

versus

1 - State of Chhattisgarh Through Station House Officer, Police Station Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Non-applicant(s)

For Applicant (s) : Mr. Aman Tamboli, Advocate.

For Non-applicant (s) : Mr. Jitendra Shrivastava, Govt. Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

27/03/2025

1. This is the third bail application of the applicant who has been arrested in the offence of Crime No. 157/2024, registered at Police Station Pendra, District Gourela-Pendra-Marwahi, for the offences under Section 120-B, 420, 467, 468 and 471 of IPC, Section 66(C) and 66(D) of Information Technology Act, 2000, and Section 6 and 7 of the Chhattisgarh Gambling Prohibition Act, 2022.

2. The first bail application of the applicant was dismissed as withdrawn vide order dated 30-09-2024 after arguing for some time, passed in MCrC No. 6341/2024. No liberty was granted to the applicant while withdrawing his first bail application.

3. The second bail application of the applicant was dismissed vide order dated

04-12-2024 passed in MCrC No. 8435/2024 on the ground of no change in circumstances. Hence, this third bail application of the applicant.

4. Learned counsel for the applicant would submit that on 14-05-2024, the FIR was registered against 11 accused persons, including the present applicant, the charge sheet was filed on 06-08-2024 before the learned trial court showing some of the accused persons absconding. The applicant is also arrested on 06-07-2024. Till 12-12-2024, total 08 witnesses have been examined out of 16 cited witnesses. The case was fixed for 29-01-2025 for the recording of the evidence of the investigating officer and other witnesses, but in the meantime, the co-accused Madhur Jain has been arrested and the supplementary charge sheet has been filed against him, and the case was fixed for framing of charge against him on 28-02-2025 and again the trial of the case will start against him. A restart of the trial will take more time in the conclusion of the trial, which is the change in circumstances. Some of the accused persons in the case have been granted bail by the learned trial court. He further submits that the bail application of the applicant has not been rejected on merits. He would rely on the judgment of “Subhelal v. State of Chhattisgarh” 2025 SCC Online SC 347, and pray for grant bail to the applicant.

5. On the other hand, the learned counsel for the respondent/state would oppose the submissions made by the learned counsel for the applicant and submit that twice the bail application of the application has been rejected by this court. Though the order was not on merits, it has been passed after considering the merits of the case, and the applicant himself has withdrawn his first bail application. The trial of the case is in progress, and 08 witnesses have been examined till 12-12-2024. It is a case of online gambling, and clinching evidence is available against the applicant in the charge sheet that he is also involved in the offence. The subsequent arrest of the co-accused and filing of a supplementary charge sheet would not be the change of circumstance, and the applicant can approach the learned trial court to get his trial separated if the delay is being caused in his trial. Therefore, there is no change in the circumstances of the case and the application is liable to be dismissed.

6. I have heard the learned counsel for the parties and perused the case diary.

7. While considering the first bail application, the same was dismissed as withdrawn after arguing sometime which reflects from the order dated 30-09- 2024. No liberty was granted to the applicant at that time. On 04-12-2024, while considering the seco