1. This is the first bail application under Section 483 of the Bhartiya VED Nagarik Suraksha Sanhita, 2023 filed by the applicant, who is PRAKASH DEWANGAN arrested on 14.04.2026, in connection with Crime No. 109 of 2026, DEWANGAN registered at Police Station Kurud, District Dhamtari (C.G.), for the offence under Sections 7 of Chhattisgarh Gambling (Prohibition) Act, 2022 and Sections 112 and 3(5) of Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').
2. The case of prosecution is that, during patrolling, the police of police station Kurud received a secret information that two persons are engaged in playing online gambling near BSNL Office Kurud and they are in Ertiga Car No. CG 05 AP 8457. It has also been informed that the money transaction of the online gambling is being carrying out by one Kaushal Sahu. On being raid, two accused persons Jeevan Yadav and Kaushal Sahu (present applicants) were found in the said Ertiga car and they disclosed that they engaged in online gambling through BLISSEXCH online app by using the user ID BLaman430 and password Mahi1234. They also disclosed the name of other co-accused Toran Yadav, who engaged in money transaction of their online gambling. The offence has been registered. From the applicant No.1 Jeevan Yadav, two mobile phones, Rs. 15000/- cash and Ertiga car have been seized and from co-accused Kaushal Sahu, one mobile phone and Rs. 5000/- cash have been seized. They have been arrested and after investigation charge sheet has been filed.
3. Learned counsel for the applicants would submit that, there is no direct evidence against the applicants in the case regarding their involvement, either in conspiracy with other accused persons or engaged in playing online gambling. There is no incriminating material recovered from the mobile phones of the present applicants. Except for the memorandum statement, nothing substantive evidence is available in the charge sheet against the applicants. There is no evidence that they directly connected with other co- accused. They are having no connection with any illegal activity or offence of online gambling either for themselves or along with other co-accused. There is no data recovered from the mobile phones of the present applicants and even no connection detected from the mobile phone of the other co-accused with the applicants with respect to any transaction or exchanging the messages, even no bank account of the present applicants have been seized, which shows any money transaction between the applicants and other persons. There is no sufficient material with respect to involvement of the present applicants in the offence in question. Though there are three criminal antecedents against the applicant Jeevan Yadav, however, he has been acquitted by the learned trial Court with respect to the offence of Crime No. 170/2017, vide judgment dated 14.02.2024 (Annexure A/2), Crime No. 86/2022, vide judgment dated 28.01.2025 and in Crime No. 790/2023, he was not tried for the said offence. He would also submit that the applicant No.2 Kaushal Sahu has also been acquitted with respect to Crime No. 182/2018 vide judgment dated 21.02.2024. The applicants are in jail since 14.04.2026, the investigation has been completed and charge sheet has been filed, there is every possibility of delay in conclusion of the trial, and therefore, they may be released on bail.
4. On the other hand, learned counsel appearing for the State opposes the submissions made by learned counsel for the applicants and submitted that from the mobile phones of the applicants, the relevant data of using the BLISSEXCH online app by using the user ID BLaman430 and password Mahi1234 detected and print out of the screenshot were taken. The print out of the account statements from the mobile phone have also been taken out, which clearly disclosed the use of the aforesaid betting app, user ID and password by the present applicants. From the statements of the witnesses Sumit Agrawal and Anup Sharma, constable Shanta Dhruv and Bhagwan, there is sufficient material disclosed about the involvement of the present applicants in the offence in question. He would also submit that the applicant Jeevan Yadav is having two criminal antecedents of Crime No. 790/2023, registered at police station Kurud, for the offence under Sections 147, 294, 323, 324 and 506 of the IPC, Crime No. 86/2022, registered at police station Kurud, for the offence under Section 507 of IPC and one preventive action under Section 107, 116, 151 of Code of Criminal Procedure was taken in the year 2017. against the co-accused Kaushal Sahu, one criminal antecedent of Crime No. 182/2018, registered at police station Kurud, for the offence under Sections 3 and 4 of the Public Gambling Act, 1867 is there, therefore, they are not entitled to be released on bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties, considering the material collected during the investigation and the allegation against the present applicants regarding their involvement in online gambling, recovery of incriminating material regarding online gambling, in which their involvement by using BLISSEXCH online appellant, user ID BLaman430 and password Mahi1234. The screenshots and account statements were taken out from their mobile phones, CDR and other material available in the case diary, and further considering that online gambling is an organized crime having various facets and impact upon the economy of the country. In view of the gravity of the offence and the manner, in which the applicants involved in the alleged offence, they are not entitled to be released on bail.
7. Accordingly, the bail application of present applicants Jeevan Yadav and Kaushal Sahu is rejected.
