Chattisgarh High Court
Dharmendra Sharma vs State Of Chhattisgarh on 30 April, 2026
1
2026:CGHC:20294
Digitally signed by
ALOK SHARMA NAFR
Date: 2026.05.05
10:57:39 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3451 of 2026
1 - Rohit @ Monu Butani S/o Mukesh Butani, Aged About 30 Years R/o
House No. 392 Kacchi Kholi, Sindhi Colony, Beladula, Raigarh, Tahsil
And District Raigarh (C.G.)
2 - Sheikh Mohammad Shahbaz, S/o Sheikh Mohammad Shamshir,
Aged About 34 Years R/o Ward No. 21, Turkapara, Chandani Chowk,
Raigarh, Tahsil And District Raigarh (C.G.)
--- Applicant(s)
versus
1 - State Of Chhattisgarh Through The District Magistrate-Raigarh
District-Raigarh (C.G.)
---- Non-applicant(s)
2026:CGHC:20295
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 3459 of 2026
1 - Dharmendra Sharma S/o Devi Prasad Sharma Aged About 54 Years
R/o Railway Bangla Para, Raigarh, Tahsil And District Raigarh,
Chhattisgarh.
--- Applicant(s)
versus
2
1 - State Of Chhattisgarh Through The District Magistrate Raigarh,
District Raigarh, Chhattisgarh. (Concerned Police Station City Kotwali)
--- Non-applicant(s)
For Applicant(s) : Mr. Sunil Otwani, Sr. Advocate, along with
Mr. Hari Agrawal, Advocate.
For Non-applicant(s) : Mr. Ghanshyam Kashyap, Govt. Advocate,
and Mr. Ashutosh Trivedi, Panel Lawyer.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
Order on Board 30/04/2026
1. Both these bail applications are arising out of the same crime number, therefore, they are being heard and decided together.
2. These are the first bail applications of the applicants. The MCRC No. 3451 of 2026 has filed by the applicants- Rohit @ Monu Butani and Sheikh Mohammad Shahbaz and the MCRC No. 3459 of 2026 is filed by the applicant - Dharmendra Sharma.
3. All these applicants have been arrested on 20.02.2026 in connection with Crime No. 173 of 2025 registered at Police Station Kotwali, District Raigarh (C.G.) for the offence under Section 7 of Chhattisgarh Gambling (Prohibition) Act, 2022.
4. The case of prosecution in brief is that, on 23.04.2025, during the patrolling, the police of Police Station Kotwali, Raigarh received a secrete information that the applicant Amit Agrawal is engaged in playing online gambling along with others in his shop situated near Ganja chowk. When the police conducted raid in the shop of 3 the applicant Amit Agrawal, he was found playing online gambling in cricket match. From the applicant Amit, one mobile phone having two SIM number of 7777873101 and 9827973101 and cash of Rs. 1,20,000/- has been seized. On being interrogation, he disclosed the names of other accused persons and playing online gambling with them at various places through mobile phone and also disclosed that. to play online cricket gambling, they exchanged betting app of "All panelexcheq.com" ID and all of them have connected to the said ID for playing online cricket gambling. The offence under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022 has been registered and he has been arrested on 23.04.2025. On being interrogation, he disclosed the names of other accused persons, including the present applicants, and stated that they are also involved in online gambling from Kolkata, Goa, and other places, using the "All panelexcheq.com" ID. Earlier, three accused persons were arrested and a charge-sheet was filed against them. However, permanent warrant of arrest were issued by the learned trial Court against the absconding accused persons. Pursuant to the said warrant of arrest, the present applicants have been arrested on 20.02.2026 for which they are claiming regular bail.
5. Mr. Sunil Otwani, Sr. Advocate along with Mr. Hari Agrawal, learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the offence. There is no concrete evidence that the applicant is 4 engaged in playing online gambling, except the suspicion of the police. There is no incriminating material, which connected the applicant with the offence in question, could be extracted from the mobile phone seized from him. Even there is no evidence with respect to any connection or collusion with the other accused persons that all of them are engaged in online cricket gambling through the said betting app. The offence is triable by the Judicial Magistrate First Class, investigation has been completed and the charge sheet has been filed. There is every likelihood of conclusion of the trial.
6. He would also submits that the other co-accused persons namely Amit Agrawal, Ankit Bani and Bharat Kumar Rohila have been acquitted by the learned trial Court vide judgment dated 23.09.2025 and the same crime number as there are no sufficient evidence against them. On the same day another offence have been registered against the present applicants at Police Station Chakradharnagar, District Raigarh, in which the present applicants have been acquitted by the learned trial Court vide its judgment dated 28.04.2026. Except for the memorandum statement of the co-accused persons, there is no other incriminating evidence against the present applicants. From the mobile phone of the accused persons, there is no evidence could be extracted by the prosecution that they are also involved in online gambling or have any connection with the other accused persons. The applicants are in jail since 20.02.2026 and final 5 adjudication of the case will take own time, there is custodial interrogation is required, therefore, they may be enlarged on bail.
7. On the other hand, learned counsel for the State opposes the submissions made by the learned counsel for the respective applicants and have submitted that the accused Amit Agrawal was caught red-handed by playing online cricket gambling through the aforesaid betting app. A mobile phone and cash of Rs. 1,20,000/- has been seized from him. From the memorandum statement of Amit Agrawal, the prima facie evidence of involvement of the applicants in the offence in question is there. The accused persons have organized the offence through online mode and engaged in online cricket gambling, which has an extensive impact on the society, therefore they are not entitled for bail.
8. He would also submit that the other three accused persons Amit Agrawal, Ankit Bani and Bharat Kumar Rohila have been immediately arrested but the present applicants were absconding for a considerable period and they could not arrested in compliance of permanent warrant of arrest issued against them and the police has arrested from Kolkata, West Bengal. The abscondation of the present applicants disentitle them for grant of bail. He would also submit that there are criminal antecedents of the present applicant, therefore, they are not entitled for bail. 6
9. I have heard learned counsel for the parties and perused the material annexed with the bail application.
10. Considering the submissions made by learned counsel for the parties, the nature of the allegations against the present applicants, and the material collected during the investigation as reflected in the charge-sheet, further considering that the applicants were arrested from Kolkata, West Bengal, in pursuance of the permanent warrant of arrest issued against them; and also taking into account the criminal antecedents namely, that applicant Rohit @ Monu Butani has antecedents in Crime No. 219/2016 registered at Police Station Chakradhar Nagar, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 145/2018 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 322/2018 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 580/2021 registered at Police Station Kotwali, Raigarh, for the offences under Section 4K of the Gambling Act and Section 109 of the IPC, and Crime No. 169/2025 registered at Police Station Chakradhar Nagar, Raigarh, for the offences under Sections 7 and 8 of the Gambling Act; and that Sheikh Mohammed Shahbaz has antecedents in Crime No. 152/2016 registered at Police Station Kotwali, Raigarh, for the offences under Sections 294, 506, 323, and 24 of the IPC, Crime No. 364/2017 registered 7 at Police Station Kotwali, Raigarh, for the offences under Sections 294, 323, 324, and 34 of the IPC; Crime No. 335/2018 registered at Police Station Kotwali, Raigarh, for the offences under Sections 294, 506, 147, 148, 149, 458, 323, and 307 of the IPC and Sections 25 and 27 of the Arms Act, Crime No. 1463/2022 registered at Police Station Kotwali, Raigarh, for the offences under Sections 306, 452, 384, and 34 of the IPC, and Crime No. 169/2025 registered at Police Station Chakradhar Nagar, Raigarh, for the offences under Sections 7 and 8 of the Gambling Act.
11. Further, applicant Dharmendra Sharma has criminal antecedents in Crime No. 452/2016 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 751/2017 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 223/2018 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 961/2021 registered at Police Station Kotwali, Raigarh, for the offence under Section 13 of the Gambling Act, Crime No. 1463/2022 registered at Police Station Kotwali, Raigarh, for the offences under Sections 306, 452, 384, and 34 of the IPC, and Crime No. 169/2025 registered at Police Station Chakradhar Nagar, Raigarh, for the offences under Sections 7 and 8 of the Gambling Act.
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12. Further, considering that the applicants were arrested after the issuance of a permanent warrant of arrest against them and were apprehended from Kolkata, West Bengal, and although the co- accused persons, namely Amit Agrawal, Ankit Bani, and Bharat Kumar Rohila, have been acquitted by the learned trial Court, that by itself cannot be a ground to release the applicants on bail, I am, therefore, not inclined to release the applicants on bail. Online gambling is an organized crime having various facets and a significant impact on the economy of the country. In view of the gravity of the offence and the manner in which the applicants are involved in the alleged offence, they are not entitled to be released on bail.
13. Accordingly, the first bail applications of the applicants, namely Rohit @ Monu Butani and Sheikh Mohammad Shahbaz (MCRC No. 3451 of 2026), Dharmendra Sharma (MCRC No. 3459 of 2026) are hereby rejected.
Sd/-
(Ravindra Kumar Agrawal) Judge Alok