Ramkisan Sahu vs State of Chhattisgarh

Ravindra Kumar Agrawal, J

This is an anticipatory bail application filed by the applicant under Section 482 of BNSS, 2023, who is apprehending his arrest in connection with Crime No. 479/2024, registered at Police Station, Dongargarh, District Rajnandgaon for the offence under Section 6 of the Chhattisgarh Gambling Prohibit Act, 2022.

The case of the prosecution is that on 13.09.2024, the police of Police Station, Dongargarh received a secret information that the co-accused Satanand Sahu was engaged in playing chit gambling near Murmunda Bahoran Hotel. The police party conducted raid and arrested the co-accused Satanand Sahu and seized the two gambling chits, Rs. 4000/- cash, two mobile phones and on being interrogation, he disclosed that the present applicant is also involved in chit gambling along with him and there was a conversation through whats app in the course of their chit gambling transaction.

Learned counsel for the applicant would submit that there is no evidence against the applicant only on the basis of memorandum statement of the co-accused Satanand Sahu, the police has made the present applicant as an accused in the case. It is only on a whatsapp message between co-accused and the applicant, however, there is no incriminating articles extracted from the mobile phone of the co-accused Satanand Sahu, therefore, the applicant is entitled for anticipatory bail.

On the other hand, learned counsel appearing for the Respondent/State opposes and submitted that from the memorandum statement of co-accused Satanand Sahu the name of the present applicant is disclosed and from his mobile phone there is sufficient material extracted that the present applicant is also involved in the offence in question. He would also submits that there are five criminal antecedents against the present applicant and he is a habitual offender, therefore, he is not entitled for anticipatory bail.

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

Pursuant to the order dated 31.10.2025, the applicant has submitted his affidavit that the Crime No. 452/2021, is registered against the co-accused Satanand Sahu, however, in Crime No. 117/2016, he was acquitted and in Crime No. 513/2022, 338/2002 (the correct crime number is 338/2003) and 27/2020, he has been sentenced with fine only.

From perusal of the memorandum statement of the co-accused Satanand Sahu, it transpires that the co-accused Satanand Sahu was working on the instruction of the present applicant and he transferred the amount of chit gambling to the present applicant. From the mobile phone of the co-accused Satanand Sahu the screen shot was also taken which shows that there was transaction of money to the present applicant from the co-accused Satanand Sahu. Further the present applicant is having criminal antecedents in which he has also been convicted and sentenced with fine, therefore, I am not inclined to release the applicant on anticipatory bail. His anticipatory bail application is, therefore, rejected.