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Judgment
The applicant has preferred this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 295/2026 registered at Police Station Kawardha, District Kabirdham (C.G.) for the offence punishable under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022.
Case of the prosecution, in brief, is that upon receiving secret information, police searched the present applicant and seized some ledger (sattapati) and Rs. 780/- from his possession and thereafter, registered the aforesaid offence against him.
Mr. Devesh Chandra Verma, learned counsel appearing for the applicant, would submit that the applicant is innocent and has falsely been implicated in the crime in question. With regard to criminal antecedents, he would submit that the applicant has three previous criminal antecedents out of which two cases have been disposed of and one case registered in the year 2024 for the offence punishable under Sections 201, 420 of IPC is still pending. He would lastly submit that charge-sheet has already been filed and applicant is in jail since 29/07/2026 and since conclusion of trial is likely to take considerable time, therefore, the applicant may be released on bail.
On the other hand, Mr. Sourabh Sahu, learned counsel appearing for the non-applicant/State, would oppose the bail application and submit that applicant has three previous criminal antecedents out of which two of them are of similar nature which shows that the applicant is a habitual offender, thus, the applicant is not entitled for grant of bail.
I have heard learned counsel for the parties and perused the case diary.
Having considered the facts and circumstances of the case, and though the applicant has one live criminal antecedent registered in the year 2024 for offence punishable under Sections 201, 420 of IPC but looking to the fact that investigation has been completed, charge-sheet has been filed and the applicant is in judicial custody since 29/07/2026, and the conclusion of the trial is likely to take some time, without commenting on the merits of the matter, this Court is inclined to enlarge the applicant on regular bail. Accordingly, the bail application is allowed.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.
