Shubham Singh vs State Of Chhattisgarh

Ravindra Kumar Agrawal, J

This is the first bail application filed by the applicants under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail. The applicants have been arrested on 05.07.2024 in connection with Crime No. 193/2024 registered at Police Station Moudhapara, Raipur, Chhattisgarh for the offence under Sections 61(2) & 318(4) of BNSS, 2023 and Section 7 of Chhattisgarh Gambling (Prohibition) Act, 2022.

The case of prosecution in brief is that the friend of complainant Dashrath Nishad, namely Mohit Vishvakarma, borrowed the bank account of the complainant in lieu of Rs. 2000/- per month and they have opened the bank account in the name of complainant Dashrath Nishad at Bank of Maharashtra, Phool Chowk, Raipur branch, vide bank account No. 60482775925. Before opening the bank account, his friend Mohit Vishvakarma has purchased one Airtel SIM No. 9685895715 on the Aadhaar card and ID of the complainant, which was linked with the bank account as well as his email ID. After opening the bank account, Mohit Vishvakarma has retained the Passbook, ATM Card, Internet Banking Kit and Mobile SIM number of the complainant with him. The opening deposit of Rs. 2000/- and first benefit of Rs. 2000/- was given by Mohit Vishvakarma to the complainant. On 30.04.2024. Mohit Vishvakarma asked the complainant to close the bank account, as some dispute arose with the same. When the complainant inquired from his own sources, he came to know that Mohit Vishvakarma, in order to cheat the complainant with the help of other friends, using the bank account of the complainant for transaction of the amount of ‘Mahadev Online Betting App’. When the complainant further inquired, he also came to know that one Abhishek Singh and Kirti were managing the ‘Mahadev Online Betting App’ from Pune, Maharashtra through Mobile Nos. 9022603485 and 8962010643. It is also the case of the prosecution that on the report of the complainant, FIR has been registered against 03 accused persons namely Mohit Vishvakarma, Abhishek Singh and Kirti at Police Station Moudhapara, Raipur. When the police party conducted raid in the house pointed out by the complainant, the present applicants and 05 other co-accused persons have been arrested and number of Mobile phones, Passbook, ATM card, Cheque book, Laptop, etc. have been seized from them. From the applicant No.1 Shubham Singh, 06 Mobile Phones, 01 Laptop, 7 Passbooks and 7 Cheque books and 19 ATM Cards of different banks have been seized. From the applicant No.2 Karan Singh, 07 Mobile Phones, 01 Laptop, 09 Cheque books and 20 ATM Cards of different banks have been seized. From the applicant No.3 Tushar Sivankar, 05 Mobile Phones, 01 Laptop, 05 Passbooks, 03 Cheque books and 23 ATM Cards of different banks have been seized and from applicant No.4 Kamal Chakradhari, 04 Mobile phones, 05 Passbooks, 03 Cheque books and 12 ATM Cards of different banks and 3 registers have been seized.

During the investigation, the memorandum statement of accused Subham Singh and Anshul Reddy @ Babu have been recorded in which they disclosed that they have engaged in online betting book which was run in the name of Mahadev-Betting-App. He was provided training of 15 days to operate the Mahadev-Betting-App run by betbook247.com website and he was provided Mahadev Betting Book panel No. 23 for its operation. The accused Karan Singh, Kamal Chakradhari and Tushar Sivankar were also with him, engaged in the same act. They disclosed in their memorandum statement the manner of entire transaction. After investigation charge sheet was filed, in which some of the accused persons are still absconding.

Learned counsel for the applicants would submit that the present applicants have been falsely implicated in the offence. There is no evidence against the present applicants that they in any manner engaged in the Mahadev Online Betting App and used the bank account of various persons for transaction of the amount evaded from the Mahadev Online Betting App. Though the prosecution allegedly seized various Passbooks and ATM cards from the present applicants, but the same have not been made as a part of the charge-sheet, even it has not been disclosed that in whose names the Passbooks or ATM cards are. He would also submit that the present applicants stayed at Pune for search of their job, but on suspicion the police have arrested them and they have falsely implicated in the offence of Mahadev Online Betting App. There is no evidence on the charge sheet against the present applicants, even prima facie to connect them from the alleged Mahadev Online Betting App. The applicants are the young boys, aged about 24 and 26 years. They have a bright future, but keeping them in jail would frustrate their future prospects. The offence is having maximum punishment of 7 years imprisonment, triabal by the Judicial Magistrate First Class, charge sheet has been filed and there is no custodial interrogation is required, and further, they are not having any previous criminal antecedents. The trial of the case will take its own time and therefore they may be enlarged on bail.

On the other hand, learned counsel for the State vehemently opposes and has submitted that, from the possession of the

applicants huge number of Passbooks, ATM cards, Mobile phones, Laptops have been seized. They could not explain as to how and why they have stayed at Pune together. Particularly, they belong from different places. Seizure of huge quantity of the passbooks and ATM cards of different banks itself shows that, they are using the bank accounts of various persons for money transaction. He would also submit that since it is an organized crime, therefore the seizure of various Mobile phones, Bank passbooks and ATM cards are very relevant in the case. In the memorandum statement of Subham Singh and Anshul Reddy alias Babu, their involvement in the offence have been disclosed and the role played by the present applicants that they were operating the Mahadev Online Betting App panel No. 23. He would further submit that the other accused persons are still absconding and considering the seriousness of the organized crime and stake involved in the case, the applicants are not entitled for bail.

I have heard learned counsel for the parties and perused the documents annexed with the application.

Considering the submissions made by learned counsel for the parties, considering the seizure of huge quantity of Mobile phones,

Bank passbooks and ATM cards, as also the Laptops from the applicants, further the nature of offence and also the manner in which they have allegedly involved in the offence reflects from the material collected during the investigation, statement of the witnesses Dashrath Nishad, Avinash Dewangan, Dilesh Kurre, Nakul Sahu and Muneer Raza, and further considering the nature of the organized crime, I am not inclined to release the applicants on bail.

Accordingly, the bail application filed by the present applicants-Shubham Singh, Karan Singh, Tushar Sivankar and Kamal Chakradhari is hereby rejected.