KARAN BATRA vs STATE OF CHHATTISGARH
- Court
- Chhattisgarh High Court
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CGHC010413262026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 9919 of 2026
1 - Karan Batra S/o Mahesh Batra, Aged About 29 Years R/o Ward No. 3,
Near Godhdidham, Tilda Neora, District - Raipur (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station -
Tilda Neora, District - Raipur (C.G.)
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Mr. Veer Verma, advocate along with Mr. Ankush
Borkar, Advocate
For State : Ms. Supriya Upasane, Govt. Advocate
S.B. Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
05.11.2026
1.
This is the first bail application filed by the applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS") for
grant of regular bail to the applicant, who have been arrested on 07-09-
2026 in Crime No. 125 of 2025, registered at Police Station Tilda-
Nevra, District- Raipur for the offence under Sections 318(4), 61(2),
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112(2) of Bhartiya Nyaya Sanhita, 2023 (in short "BNS") and Sections
4-A and 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022.
2. The prosecution's case in brief is that, on 03-04-2025, the police
received secret information that the co-accused Harsh Panjwani is
engaged in online gambling through the "Gajanand App" in his house.
During a raid, he was intercepted by the police. Upon interrogation, he
disclosed that he engaged in online gambling through "fair-play gaming
panel No. 07, 12 and 13 of Gajanand App". From him, 04 mobile
phones, cash of Rs. 3,400/-, 05 Bank-passbooks, 08 cheque-books, 08
ATM cards, 06 account books, Aadhar Card, Pan Card and Passport,
have been seized. From the mobile phone of the co-accused, Harsh
Panjwani, the data was extracted, in which it was found that he was
running a mobile group in the name of "New Feedback". The
involvement of the other accused persons namely Shiva Sen, mobile
number 9630118110, Khubi Ram Patel, mobile number 7733995585
and Shailendra, mobile number 7415942378, was found, who were
actively involved in the running of said "New Feedback" group and fair
play gaming panel numbers 7,12 and 13. They used the mule bank
account for the transaction of money received through online gambling.
From the analysis of the mobile phone of Harsh Panjwani, the SDR
mobile number of Govind Lalwani was recovered and found that he
also involved in online gambling. From the memorandum statement of
Sonu Shiva Sen, Khubi Ram Patel and Shailendra @ Sonu, it comes
that the present applicant, Nandu Lalwani, took the SIM card of mobile
Nos. 7415942378, 7733995585 and 9630118110, in their names
fraudulently, and engaged in playing online gambling through panels
No. 7, 12 and 13. During the investigation, the details of the suspected
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bank account were obtained, and it was frozen. After the due process of
investigation, charge sheet is filed before the learned Judicial
Magistrate First Class, Tilda, showing the applicant absconding and
subsequently he surrendered on 07.09.2026.
3. Learned counsel appearing for the applicant would submit that the
investigating agency has acted most arbitrarily, and it had nothing but
an ill-motivated and mala fide intention to implicate the applicant in the
offence. They have no connection or association in any way, either with
the affairs of the business of "Gajanand App" or have receiving the
proceeds of crime. He would further submit that the prosecution has
failed to establish the link between the present applicant with the
alleged offence and other accused persons. Expect from the
memorandum statement of other co-accused persons, there is no other
incriminating evidence which implicate him with the offence. Even in the
mobile phones of other accused persons there is no connection
expected with the offence and the applicant. There is no evidence
collected by the prosecution that the mobile phones and SIM cards,
which are allegedly seized from the other accused persons, are actually
used in an online betting app and the present applicant is also involved
in the said activities. The electronic evidence collected by the
prosecution are inadmissible in evidence and there is no ingredience of
cheating in material collected during the investigation. In view of
material collected during the investigation, there is no possibility of
sustaining a conviction of the applicant. The other accused persons
have been released on bail by learned trial Court or by the Hon’ble
Supreme Court. There is no criminal antecedent of the applicant,
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charge-sheet has been filed and final adjudication of the case will take
its own time, therefore, he may be released on bail.
4. On the other hand, learned State counsel opposes the submissions
made by learned counsel for the applicant and would submit that during
the investigation, from the mobile phone of the co-accused Harsh
Panjwani and others, the involvement of the other accused persons
Shiva Sen, Khubi Ram Patel and Shailendra were found, and from
them, the connection of the present applicant with the alleged
"Gajanand App" and fair play gaming panel No. 7, 12 and 13 were
found. From the analysis of their mobile phones, the active engagement
of the present applicant is also in online gambling was also extracted,
which was running through money transactions in mule bank accounts.
The present applicant was remain absconding for a considerable period
and he could only be arrested on 07.09.2026, though, he is said to
have been surrender before the learned trial court. During the
investigation, he remained absconding and the charge-sheet has been
filed, showing him absconding. There is sufficient evidence available
against the present applicant in the charge-sheet that he along with
other accused persons engaged in commission of the alleged offence
of online gambling through batting app and looking to the seriousness
of the offence, he is not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the submission made by learned counsel for the parties,
material collected during the investigation and the allegation of online
gambling through "Gajanand App and Fair Play App" and the money fail
through Mule bank account. There is prima facie sufficient material
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available in the charge-sheet regarding the involvment of the present
applicant in the sindicate of accused persons for online gambling
activities. Further that the applicant is remain absconding for a
considerable period and he could be arrested only on 07.09.2026 and
the charge-sheet has also filed against him, showing him absconding,
this Court is not inclined to release him on bail.
7. Accordingly, the present bail application, filed by the applicant is
dismissed.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
sagrika