Rohit Agrawal Vs the State of Chhattisgarh

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2026:CGHC:15661

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRCA No. 442 of 2026

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1 - Rohit Agrawal S/o Late Shri Rajesh Agrawal Aged About 35 Years R/o Boirdadar, Himalaya Heights, Thana Chakradhar Nagar, Tahsil And District Raigarh (CG).

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... Applicant

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versus

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1 - The State of Chhattisgarh Through The Station House Officer, Police Station- Chakradhar Nagar, District- Raigarh (CG).

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... Respondent(s)

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For Applicant : Shri Sunil Sahu, Advocate. For State : Shri Rohan Shukla, Panel Lawyer.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J

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Order on Board

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06.04.2026

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1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.63 of 2026 registered at Police Station Chakradhar Nagar, District Raigarh for the offence punishable under Section 7 of The Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 3(5) of BNS, 2023.

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2. The case of prosecution is that, the police of Police Station Cyber Cell Raigarh, while in patrolling, received a secret information that the coaccused Hemant Batra is engaged in playing online gambling in Cricket Match between Afghanistan and Canada at his Cold Drink and Betel

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Shop at Jamunai Chowk, Chakradhar Nagar, Raigarh. The police conducted a raid and found the co-accused Hemant Batra engaged in playing online gambling in Cricket Match. On interrogation, he disclosed that he engaged in online gambling along with the present applicant Rohit Agrawal, R/o Himalaya Heights, Chakradhar Nagar, Raigarh through his mobile phone and they made transaction through UPI online mode for the main accused Mannu R/o Raigarh. From coaccused Hemant Batra, his two mobile phones and cash amount of Rs.2000/- have been seized. Offence has been registered in which the applicant is apprehending his arrest.

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3. Learned counsel appearing for the applicant would submit that there is no material available in the case which directly connects the present applicant with the offence in question. Except memorandum statement of co-accused Hemant Batra, there is no material to implicate him in the offence in question. The memorandum statement of co-accused is inadmissible in evidence and on that piece of evidence the applicant cannot be prosecuted for the alleged offence. The applicant has no connection either with co-accused Hemant Batra or other co-accused persons who allegedly involved in online gambling in Cricket Match. He would also submit that from the mobile phone of the co-accused Hemant Batra no incriminating articles were recovered by the prosecution with respect to involvement of present applicant. There is no evidence with respect to any transaction of money between them. The applicant is a known patient of Liver cirrhosis and he is taking continues treatment since long. The applicant has no criminal antecedent and therefore, he may be granted anticipatory bail.

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4. On the other hand, learned counsel for the State vehemently opposes the submissions made by the counsel for the applicant and would submit that it is an online gambling in which the accused persons made their syndicate and conducted their activities through online mode. Upon interrogation the co-accused Hemant Batra who was found engaged in playing online gambling through is mobile phone, have disclosed that he along with present applicant are involved in playing online gambling through mobile phone and money transaction was made through UPI. From the mobile phone of co-accused Hemant Batra, the involvement of present applicant is detected and screen shot of said mobile phone with respect to money transaction through UPI mode have been taken out in which the name of present applicant was disclosed. It is a huge network of online gambling which the accused persons are running through their mobile phones in online mode. The applicant is an addict of consuming liquor which may affect his liver and for this reason his treatment would be going on and this may not be a ground for granting him anticipatory bail. Therefore, the applicant is not entitled for anticipatory bail.

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

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6. Considering the submissions made by the counsel for the parties, considering the nature of allegations and material collected during investigation and considering the allegation against the applicant that he along with other co-accused persons engaged in playing online gambling and from the mobile phone of co-accused Hemant Batra the involvement of present applicant is found proved on the basis of screen

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shot taken out from his mobile phone. Therefore, it cannot be said that the present applicant is not involved with other accused persons in online gambling. There are sufficient material in the case diary to implicate the applicant in the offence in question. The alleged offence is committed by various persons after preparing a syndicate and having facets of its complexion. Therefore, I am not inclined to grant anticipatory bail to the applicant.

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7. Accordingly, the anticipatory bail application of the applicant is rejected.

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Sd/(Ravindra Kumar Agrawal) Judge

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inder

Rohit Agrawal v. the State of Chhattisgarh

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Rohit Agrawal v. the State of Chhattisgarh

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