Order on Board

13-3-2024

1. These are 1st bail applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 4/2024 registered at Police Station Nandini Nagar, Distt. Durg (C.G.), for the offence punishable under Section 420, 34 of IPC and Section 7 and 8 of CG Gambling Prohibition Act.

2. Allegation against the applicants are that they provide bank account number and ATM card for transaction of money for online satta app BBB15 and thereby applicant Chhatrapal @ Kshitij Hirwani obtained about Rs. 1,14,00,000/- from July 2023 to June 2024 and applicant Rakesh Kumar Sahu alias Rahul Sahu transacted about Rs. 25 to 30 Lakhs between 3-3-2015 to 11-1-2024 and thereby, they cheated various persons, who invested amount in aforesaid gaming app. Based on above facts, instant crime has been registered under Section 420 of IPC and Section 7 and 8 of CG Gambling Prohibition Act.

3. Ms. Fouzia Mirza, learned Sr. counsel assisted by Mr. Avinash Sahu, learned counsel for the applicant Chhatrapal @ Kshitij Hirwani submits that applicant is a builder and he runs construction company in the name and style of Hirwani Associates. Their associates have constructed many buildings/houses at Utai, Bhilai, therefore, transaction of such amount about one crore or more is but natural, only on this ground, it cannot be alleged that applicant is involved in betting app. It is further submitted that the applicant is in jail since 9-1- 2024 (wrongly mentioned as 6-1-2024 in application), charge sheet has been filed, conclusion of trial is like to take long time, hence the applicant may be enlarged on bail.

4. Mr. Aman Pandey, learned counsel for the applicant Rakesh Kumar Sahu alias Rahul Sahu submits that applicant runs a cloth shop at Durg since about 2017, therefore, alleged amount which has been said to be deposited in his account is not that much amount, which cannot be earned by him through cloths’ shop. It is further submitted that the applicant is in jail since 6-1-2024, charge sheet has been filed, conclusion of trial is like to take long time, hence the applicant may be enlarged on bail.

5. On the contrary, learned State counsel opposes the applications for grant of bail, and submits that the applicants are involved in online gambling and huge amount has been transacted in their amount, therefore, the bail applications are liable to be rejected.

6. Heard learned counsel for the parties and perused the material available on record and on the case diary.

7. Having heard learned counsel for the parties and having regard to the facts that the applicant Chhatrapal @ Kshitij Hirwani is a builder and runs a business in the name and style of Hirwani Associates, therefore, it cannot be said that the amount of about Rs. 1 crore transacted in his account is abnormal for the period from July 2023 to January, 2024, applicant Rakesh Kumar Sahu also runs a cloth shop and transaction of Rs. 34 Lakhs has been alleged between the period from 3-3-2015 to 11-1-2024 which also does not appear to be abnormal, further considering that the charge sheet has been filed, the applicants are in jail for about 3 months, I feel inclined to release the applicants on bail.

8. Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on bail on each of their 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 their appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.

Certified copy as per rules.