Allowed

Kaushal Prasad Lehre v. State Of Chhattisgarh

Chhattisgarh HC24 Apr 2024MCRC/2157/2024

Case brief

AI extract

What is this about?

First bail application by three accused arrested for providing bank accounts for transactions of the Mahadev online gambling app. Court noted FIR did not name them and implication rested on co-accused's memorandum; a similarly placed co-accused was already granted bail. Bail application allowed.

What did the court decide?

Applicants released on bail on furnishing personal bond of Rs. 25,000 with one surety each.

Kaushal Prasad Lehre Vs State Of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2157 of 2024

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Kaushal Prasad Lehre Aged About 24 Years Village - Ratga, Police Station - Marwahi, District - Gurela-Pendra-Marwahi, CG

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Harish Kumar Verma, son of Rajkumar Verma, Aged About 30 Years R/o. Sector - 06, B - Market, Bhilai, District - Durg, CG

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Ramkripal Sahu, S/o. Devram Sahu, Aged About 34 Years, R/o. Indravati Colony, Kohka, Bhilai, District - Durg, CG

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---- Applicants

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Versus

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State Of Chhattisgarh Police Station - Azad Chowk, District - Raipur, Chhattisgarh

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---- Respondent

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For Applicant : Mr. Anmol Sharma, Adv. For respondent/State : Mr. Rajeev Bharat, Govt. Adv. ----------------------------------------------------------------------------------------

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Hon'ble Shri Justice N aresh Kumar Chandravanshi

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Order on Board

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25-4-2024

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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 in connection with Crime No. 358/2023 registered at Police Station Azad Chowk, Distt. Raipur (C.G.), for the offence punishable under Section 420, 34, 120-B of the IPC and Section 7 and 8 of the CG Gambling (Prohibition) Act, 2022.

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Case of the prosecution, in brief, is that on 28.10.2023 complainant Durgesh Jaiswal lodged FIR at Police Station Azad Chowk, Raipur, District Raipur alleging therein that main accused Devesh Singh Chouhan fraudulently got opened his bank account in the name of his firm M/s. Moments Photography and by alluring him that he will also get 10% profit, he misused his bank account with regard to transaction of huge amount pertaining to transaction of Mahadeo App. Based on above facts, present crime was registered against Devesh Singh Chouhan. During investigation, it was revealed that applicant and other co-

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accused persons also used to provide debit card, cheque book & bank account of their own and various other persons to get transaction of amount pertaining to Mahadev app. and thereby, they cheated the complainant and various other persons. Based on above facts, the present applicant was also arrested on 29-10-2023.

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Learned counsel for the applicants submits that they have been falsely implicated in this case. The applicants have been implicated only on the basis of memorandum statement of main accused Devesh Singh Chauhan. Allegation against the applicants is that they provided bank account to get transaction of Mahade App (Gambling app). It is further submitted that except mobile phone of applicants, nothing has been seized from them, even no pass book of bank account has been seized from them. The applicant Harish Verma is vegetable seller and other two applicants are mason. They themselves have been cheated by main accused. It is submitted that similarly situated accused namely Shione Pal has been released on bail by this Court vide order dated 26-2-2024 passed in MCRC No. 1041/2024. Hence the applicants may also be enlarged on bail.

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On the contrary, learned counsel for the State would submit that the applicants knowing fully well that such transaction is going on, they allowed main accused to use their bank accounts for on-line gambling Mahadev app. Hence, their bail application is liable to be dismissed.

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

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Considering the facts and circumstances of the case, particularly considering that FIR does not contain the name of applicants, their involvement in the crime in question is allegedly found on the basis of memorandum statement of main accused Devesh Singh Chouhan, further considering the fact that coaccused namely Shione Pal has been released on bail by this

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Court vide order dated 26-2-2024 passed in MCRC No. 1041/2024, I am inclined to allow this bail application.

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Accordingly, the bail application is allowed and it is directed that the applicants shall be released on bail on each of them 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.

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Certified copy as per rules.

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Sd/(Naresh Kumar Chandravanshi) JUDGE

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Pathak/-

Kaushal Prasad Lehre v. State Of Chhattisgarh

Case brief

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Kaushal Prasad Lehre v. State Of Chhattisgarh

Case brief

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