Nazir @ Sonu Khan Vs State of Chhattisgarh

This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 21.12.2024 in connection with Crime No.536/2024 registered at Police Station Torwa, District Bilaspur (C.G.) for the offence under Sections 112(2) of B.N.S.S., 2023 & 6(A), 6(B) of C.G. Gambling (Prohibition) Act, 2022.

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The prosecution’s case is that on 21.12.2024, when the police party were on patrolling duty, they received a secret information that the present applicant is engaged in chit gambling Near Budwari Bazar, Bilaspur. When the police party reached near the place as disclosed in the secret information, they caught the applicant who was engaged in chit gambling and from his possession one chit having certain numbers, one dot pen and cash of Rs.4,050/- have been seized. Thereafter, he has been arrested and after investigation, charge-sheet has been filed before the learned trial Court.

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Learned counsel for the applicant would submit that the applicant has been arrested only on suspicion as the chit which has been seized from the applicant is not a gambling chit but it is the account of the grocery items purchased from the market. The applicant is in jail since 21.10.2024 the offence is triable by Judicial Magistrate First Class and final adjudication of the case will take its own time. The investigation has been completed and charge-sheet has been filed. He would further submit that although certain offences of the same nature have been registered against the present applicant but all those cases have been disposed of and only case of the same nature is pending before the learned trial Court for its consideration. In support of his submission he produced the copies of the order sheets of the learned trial Court by which the previous cases against the applicant has been disposed of. Considering the nature of offence and the period of his detention in jail, he prayed for releasing the applicant on bail.

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On the other hand learned counsel for the State opposes and have submitted that in view of his previous antecedents, the applicant is not entitled for bail.

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I have heard learned counsel for the parties and perused the documents annexed with the bail application as well as case diary.

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Considering the submissions made by parties, further considering the nature of allegation and material collected during the investigation also that the applicant is in jail since 21.12.2024, charge-sheet has been filed and the offence is triable by Judicial Magistrate First class, further considering that except one offence of the year 2023, the other offeces have been disposed of, which has been verified by the learned counsel for the State also, I am inclined to release the applicant on bail, his bail application is therefore, allowed.

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Consequently, the bail application filed by the applicant Nazir @ Sonu Khan 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.1,00000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on 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 from disclosing such fact to the Court. (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 them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. (iv) If the applicant would repeat or indulge any subsequent offence, this bail application has automatically canceled without reference to the Bench.

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Sd/-

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(Ravindra Kumar Agrawal)

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Judge

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Vaibhav

Nazir @ Sonu Khan v. State of Chhattisgarh

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Nazir @ Sonu Khan v. State of Chhattisgarh

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