Chattisgarh High Court
Prakash Panjwani vs The State Of Chhattisgarh on 17 March, 2026
1
2026:CGHC:12579
Digitally signed
INDRAJEET by INDRAJEET
SAHU NAFR
SAHU Date: 2026.03.18
10:15:14 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 280 of 2026
1 - Prakash Panjwani S/o Late Hariram Panjwani Aged About 37 Years R/o
Sai Bhoomi Colony, Torwa, Thana Torwa, District Bilaspur, Chhattisgarh.
... Applicant
Versus
1 - The State of Chhattisgarh Through The Station House Officer, Police
Station Civil Lines, District Bilaspur, Chhattisgarh.
... Respondent(s)
For Applicant : Shri Shashi Bhushan Tiwari, Advocate.
For State : Ms. Supriya Upasne, Govt. Advocate.
Hon'ble Shri Justice Ravindra Kumar Agrawal, J
Order on Board
16.03.2026
1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.35 of 2026 registered at Police Station Civil Lines, Bilaspur, for the offence punishable under Section 7(2) of The Chhattisgarh Gambling (Prohibition) Act, 2022 and Section 112 of BNS, 2023.
2. The case of prosecution is that, on 06.01.2026 Civil Lines Police received a secret information that one Ayush Agrawal is actively engaged in playing online gambling in Cricket Match near Vyapar Vihar Small Parking. The police conducted a raid and arrested the accused 2 Ayush Agrawal @ Akash. On being interrogation, he disclosed that he along with present applicant Prakash Panjwani are engaged in online gambling. From mobile phone No.9131612905 of the co-accused Ayush Agrawal @ Akash, various whatsApp chatting with respect to online gambling were recovered. His mobile phone and cash of Rs.2000/- have been seized. From his mobile phone, the whatsApp chatting with Shanky Saluja with respect to online gambling was also recovered and co-accused Shanky Saluja was also taken into custody and his mobile phones bearing Nos. 888888582 and 9098888887 and cash of Rs.2000/- were seized. FIR was registered against Ayush Agrawal @ Akash for the offence under Section 7(2) of the Chhattisgarh Gambling (Prohibition) Act, 2022 in which the name of present applicant was also disclosed by him and the present applicant is also made accused in the case in which he is apprehending his arrest. Therefore, he has filed this anticipatory bail application.
3. Learned counsel appearing for the applicant would submit that there is no material available in the case which directly connects the present applicant with the offence in question. Except memorandum statement of co-accused Ayush Agrawal, there is no material to implicate him in the offence in question. From the mobile phone of co-accused Ayush Agrawal or Shanky Saluja, nothing could be extracted by the prosecution that they have any chatting with the present applicant or playing online gambling along with them. He would further submit that the mobile phones of arrested accused Ayush Agrawal and Shanky Saluja were sent for its examination to Cyber Cell and in report thereof, there is no material collected by the prosecution showing any 3 conversation or WhatsApp chatting with the present applicant. There is no criminal antecedent of applicant; he is having a good reputation in the society and community; he is ready to cooperate with the investigation and trial of the case; he is a permanent resident of Bilaspur and he will abide by the conditions which may be imposed while granting anticipatory bail to him, therefore, he may be granted anticipatory bail.
4. On the other hand, learned counsel for the State vehemently opposes the submissions made by the counsel for the applicant and would submit that it is an online gambling in which the accused persons made their syndicate and conducted their activities through online mode. Their activity has been from the report of Cyber experts as transaction have been made through online mode. Since the present applicant is out of reach of police persons, his mobile phone could not be seized/examined to extract relevant data from it. From the memorandum statement of accused Ayush Agrawal, his name appears in the case that he along with him engaged in playing online gambling. It is a huge network of online gambling which the accused persons are running through their mobile phones in online mode. Therefore, the applicant is not entitled for anticipatory bail.
5. In the present case, vide order dated 09.03.2026, the State counsel was directed to collect the report of Cyber Cell Bilaspur with respect to examination of mobile phone of Ayush Agrawal @ Akash and Shanky Saluja who are co-accused in the case. During the course of hearing, by producing Cyber Cell report dated 12.03.2026 with respect to mobile phone of both the co-accused Ayush Agrawal & Shanky Saluja, 4 learning counsel for the State fairly submits that the name of present applicant does not appear in WhatsApp Chatting with the mobile phone of arrested accused and name of one Rohit Panjwani is reflected in WhatsApp Chatting.
6. I have heard the counsel for the parties and perused the material annexed with the bail application as well as case diary and also gone through the report of Cyber Cell dated 12.03.2026.
7. Considering the submissions made by the counsel for the parties, considering the nature of allegation and material collected during investigation; except memorandum statement of co-accused Ayush Agrawal @ Akash, no other incriminating evidence is available against the present applicant; there is no allegation in the memorandum statement of accused Shanky Saluja against the present applicant and further that in the Cyber Cell report submitted by the State, there is no material with respect to WhatsApp chatting with the present applicant, the submission of State counsel that from the Cyber Cell report the name of present applicant does not reflect in WhatsApp Chatting from the mobile phones of co-accused Ayush Agrawal @ Akash; the other two accused persons Ayush Agrawal and Shanky Saluja have already been released by the Sessions Court on regular bail and the applicant having no criminal antecedent, this court is of the view that it is a fit case to grant anticipatory bail to the applicant.
8. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the 5 satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:
1. That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required;
2. The accused/applicant 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/her from disclosing such facts to the Court or to any police officer;
3. The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
4. The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
9. Certified copy, as per rules.
Sd/-
(Ravindra Kumar Agrawal) Judge inder