Failure to provide direct evidence does not entitle the accused to anticipatory bail in organized crime cases.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH th ON THE 20 OF JUNE, 2025 MISC. CRIMINAL CASE No. 25654 of 2025 SATENDRA YADAV Versus THE STATE OF MADHYA PRADESH Appearance:

Shri S.S.Rajput - Advocate for the applicant.

Shri Saket Udainiya - Public Prosecutor for respondent/State.

ORDER This is the first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita , 2023, for grant of anticipatory bail filed by the applicant who apprehends his arrest in connection with Crime No.549/2025 registered at Police Station Cantt, District Guna (M.P.) for the alleged commission of offence under Sections 112 of BNS and Section 4(a) of Public Gambling Act , 1976.

2. As per the prosecution story, on the information being received, the police party of Police Station Cantt, Guna, reached the ground in front of Rajput Dental Hospital where they found one boy, namely, Dashrath, was doing something in his mobile. Upon inquiry, the mobile was recovered which revealed that he was indulged in online gambling/satta of the IPL cricket match. The record of the victories/defeats was maintained and coins of Rs.5,00,000/- was also recorded in his mobile. On interrogation, he Signature Not Verified Signed by: ADNAN HUSAIN accepted that he along with other co-accused is operating a gang for online gambling/satta. Accordingly, the offence in question was registered.

3. Counsel appearing for the applicant submits that the applicant is innocent and has been implicated in the matter only on the basis of statement of Dashrath and there is no direct evidence available with him to connect him with the offence. Applicant is a permanent resident of District Guna (M.P.) and is ready to abide by all the terms and conditions that may be imposed by this court while considering his application for anticipatory bail. On these grounds, learned counsel prays for grant of anticipatory bail to the applicant.

4. On the other hand, counsel appearing for the State opposed the bail application, submitting that since the gang is operating in an organized manner for running online gambling/satta and he is also having criminal antecedents. Therefore, he is not entitled for grant of benefit of anticipatory bail.

5. Faced with the said objections, counsel for applicant submits that in the criminal cases, the applicant has already been acquitted. However, learned counsel seeks permission to withdraw the instant anticipatory bail application with a further observation that since the sentence for the offence in question is upto 7 years, the Investigating Authority may be directed to comply with the provisions of Section 41-A of Cr.P.C. as laid down in the case of Arnesh Kumar Vs. State of Bihar and Another , reported in (2014) 8 SCC 273 by the Hon'ble Supreme Court and as and when, he is summoned by the Investigating Agency, he will appear before the Investigating Officer and cooperate with the investigation.

Signature Not Verified Signed by: ADNAN HUSAIN