Rampal Rajput Vs State of Chhattisgarh

1. This is the first bail application filed under Section 483 of B.N. S. S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 675/2024 registered at Police Station – Takhatpur, District- Bilaspur (C.G.), for the offence punishable under Section 112 of the Bhartiya Nyaya Sanhita, 2023 and Section 3(2) of the Chhattisgarh Gambling (Prohibition) Act, 2022.

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2. Case of the prosecution, in brief, is that on 08.12.2024 on being secret information, Police of Police Station, Takhatpur have conducted a raid near village Nagchhui, Nilgiri Plot and arrested the applicant alongwith other co-accused persons who were engaged in playing cards. The applicant has been arrested by the Police and the final report has been filed against the present applicant.

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3. It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the crime in question. He would further submit that the applicant alongwith his friends had gone to a picnic and enjoying the picnic party but on suspicion, the police has caught hold them as they were playing cards and a minimal amount has been seized from the accused persons. Had they been actually playing gambling, huge amount would have been recovered from them. He would also submit that although certain offences have been previously registered against the present applicant but all the offences have been disposed of either by acquittal or by imposing minor fine sentences. The applicant is the bread winner of his family and he is in jail since 08.12.2024, investigation has been completed and charge-sheet has been filed and the offence is triable by the Judicial Magistrate First Class and conclusion of trial will take some time, therefore he may be enlarged on bail.

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4. On the other hand, learned State counsel, opposed the bail application.

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

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6. Taking into consideration the facts and circumstances of the case, particularly, the fact though certain offences have been registered against the applicant which was in between year 2016 to 2022 and as stated by the learned counsel for the applicant that all the cases have

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been disposed of, the applicant is in jail since 08.12.2024, chargesheet has been filed, conclusion of trial may take some more time, without commenting anything on merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case.

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7. Consequently, this application filed by the applicant for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on the following conditions:-

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(i) He shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court;

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(ii) He shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

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(iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial unless his personal presence is exempted by the trial Court.

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amita

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Digitally signed by AMITA DUBEY Date: 2025.01.25 13:09:45 +0530

Rampal Rajput v. State of Chhattisgarh

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Rampal Rajput v. State of Chhattisgarh

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