Dhruvil Patel Vs State of Chhattisgarh

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2025:CGHC:57086

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 9081 of 2025

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1 - Dhruvil Patel S/o Shri Ramesh Bhai Patel Aged About 30 Years Occupation- Business, R/o Mohalla Kedarpur, Maharaja Gali (Sindhi Colony), Thana And Tehsil- Ambikapur, District Surguja (C.G.)

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through- Police Station- Ambikapur, District Surguja, Chhattisgarh

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... Respondent(s)

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(Cause title taken from Case Information System)

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For Applicant(s) : Mr. Mahesh Pandey, Advocate For Respondent(s)/State : Mr. Neeraj Sharma, Deputy G.A.

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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24/11/2025

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VED PRAKASH DEWANGAN Digitally signed byVED PRAKASH DEWANGAN Date: 2025.11.27 11:28:06 +0530

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This is the first bail application of the applicant filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS”), who has been arrested on 24-07-2025, for the offence of Crime No. 325 of 2024 registered at Police Station Ambikapur, District Surguja (C.G.), for the offence under Sections 420, 467, 468, 471, 120-B of IPC and Sections 7, 8 of the Chhattisgarh Gambling

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(Prohibition) Act, 2022, and Sections 66(C) and 66(D) of the Information Technology Act, 2000.

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The case of the prosecution is that, on 13-05-2024, the police of Police Station Ambikapur received secret information that 03 persons, namely Ayush Sinha @ Deep Sinha, Amit Mishra and Shubham Keshari, are engaged in online gambling through their mobile phone by using the skyexchange betting app and betting on the IPL cricket match between Gujrat Titans versus Kolkata Knight Riders. On a raid being conducted, the police have arrested the 03 accused persons who were engaged in playing online gambling. They were taken to the police station and interrogated by the police. From their mobile phone, sufficient evidence of their involvement in online gambling was found, and from Ayush Sinha @ Deep Sinha 03 mobile phones, 03 passbooks and a cheque book were seized which are in the name of other persons, from the accused Shubham Keshari one mobile phone, one cheque book, 13 ATM cards of various persons were seized and from the accused Amit Mishra 15 mobile phones, 08 ATM cards of various persons, one cheque book and cash of Rs. 20100/- has been seized. When the details of the bank account were obtained, it was found that the bank account was opened fraudulently, and the persons in whose names the bank account is running have no knowledge of their bank account. Statements of the account holders were recorded, who disclosed the name of the present applicant, stating that in his instance, the mule account was opened in the bank. From the memorandum statement of Amit Mishra @ Pahalu, the name of the present applicant

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disclosed that he used to provide customers for playing online gambling. During the search of Amit Mishra, the present applicant is also found along with Amit Mishra and upon interrogation, he disclosed that he was engaged in online gambling along with Amit Mishra @ Pahalu, Aayush @ Deep Sinha, and Shubham Keshari, and they divided their work. He provided his passbook/cheque book/ATM card of three bank account of HDFC bank, ICICI bank and Indian bank for the transaction of money of online gambling and also connected his mobile phone to online banking. Ledger of account was maintained by Shubham Keshari. On 13-05-2024, when they were engaged in online gambling in IPL cricket match, the police conducted raid. He provided his three bank account to Amit Mishra @ Pahalu and in his account, there was a transaction of Rs. 20 to 25 Lakhs. From the present applicant 7 ATM cards, one passbook, one cheque book, Aadhar card, Driving License, mobile phone have been seized. The applicant is arrested on 24-07-2025, and the charge sheet has been filed.

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Learned counsel for the applicant would submit that there is no sufficient evidence against the applicant that he is involved in online gambling in any manner. Except for the memorandum statement of the applicant and co-accused persons, there is no admissible evidence in the charge sheet against him that connects him with the offence in question. Even in the memorandum statement of the accused persons, nothing comes against the present applicant. The only allegation against the applicant is that he provided his bank account, which is allegedly used in money transactions of online

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gambling. Without any sufficient evidence, he was arrested on 24-07-2025. He would further submit that no bank account of HDFC bank, ICICI bank or Indian Bank of the applicant have been seized. Even from Amit Mishra @ pahalu, no incriminating article has been seized that connects the applicant to the alleged offence. There is no evidence extracted from the mobile phone that the applicant is also involved in online gambling, and there is no bank account statement which shows about the money transactions. Investigation has been completed, and the charge sheet has been filed. Final adjudication of the case will take its own time, and therefore, the applicant may be released on bail.

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On the other hand, learned counsel appearing for the State opposes and submits that there is sufficient evidence against the applicant that he is also involved in organised online gambling along with other accused persons. The accused persons have managed the mule bank account, ATM cards, and they divided their work as per their convenience. The other accused persons have actively engaged in playing online gambling, and the money circulation was done through the bank account managed by the accused persons, including the present applicant. From the applicant his mobile phone, 7 ATM cards, Indian Bank debit card, ICICI bank debit card, HDFC bank debit card, CG Rajya Gramin Bank passbook, have been seized from him, which clearly shows that he was having three bank account in these three banks. They set up a huge network for online gambling interstate. It is an organised crime that is designed by the accused persons and uses the bank accounts of others, so that they may not directly come

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into the picture. In reply to notice given under Section 91 of the CrPC, he replied that he provided his three bank account for online gambling. He would further submit that the bail application of coaccused Ritik Mandilwar @ Bamfod has been rejected by this court on 04-07-2025 in MCrC No. 4188/2025. Therefore, the applicant is not entitled to be released on bail.

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

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Considering the submissions made by learned counsel for the parties, considering the nature of the allegation against the applicant and the material collected during the investigation, further considering the role of the applicant, his memorandum statement and memorandum statement of Amit Mishra @ Pahalu, the WhatsApp chats and money transaction details extracted from the mobile phone, register seized from the co-accused persons having sufficient material of their involvement in the offence in question, seizure of Atm cards, passbook, cheque book etc., the accused persons including the present applicant organized the crime, allegation against the applicant is that he had provided his bank accounts for money circulation of online gambling, I am not inclined to release the applicant on bail.

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Accordingly, the bail application of the applicant Dhruvil Patel is rejected .

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Sd/- (Ravindra Kumar Agrawal) Judge

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ved

Dhruvil Patel v. State of Chhattisgarh

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Dhruvil Patel v. State of Chhattisgarh

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