Ashish Wadhwani vs State Of Chhattisgarh
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Chattisgarh High Court

Ashish Wadhwani vs State Of Chhattisgarh on 3 July, 2025

                                                             1




                                                                              2025:CGHC:31123
                                                                                            NAFR

                                     HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                  MCRCA No. 762 of 2025

                        1 - Ashish Wadhwani S/o Dilip Wadhwani Aged About 37 Years R/o Near
                        Mahaveer Nagar Park, Police Station - New Rajendra Nagar, Tahsil And
                        District - Raipur (C.G.)
                                                                             ... Applicant(s)

                                                          versus

                        1 - State Of Chhattisgarh Through - Station House Officer, Police Station -
                        New Rajendra Nagar, District - Raipur (C.G.)
                                                                                 ... Respondent(s)

(Cause title taken from Case Information System)

For Applicant(s) : Mr. Navin Shukla, Advocate

For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

03/07/2025

1. The present is an application under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking for grant of anticipatory bail

to the applicant, who is apprehending his arrest in connection with

Crime No. 377 of 2024, registered at Police Station New Rajendra

Nagar, Raipur, District Raipur (C.G.) for the offence punishable under

Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022. Digitally signed by VEDPRAKASH VEDPRAKASH DEWANGAN DEWANGAN Date:

2025.07.08 18:09:43 +0530

2. The case of the prosecution is that, on 28.09.2024, the police of

police station New Rajendra Nagar received secret information that a

person is playing online gambling through his mobile phone near

Medicine Hospital. The police conducted raid and caught red-handed

the co-accused Anil Chawla and from him one mobile phone and Rs.

10,000/- cash have been seized. From the data extracted from the

mobile phone of the co-accused Anil Chawla, the record of playing

online gambling through Ratanbook betting app and a panchnama

was prepared. On being interrogation, he disclosed that the ID of the

said Ratanbook online betting app was provided to him by the

present applicant Ashish Wadhwani. The co-accused Anil Chawla

was arrested and since the present applicant Ashish Wadhwani was

absconding, the charge sheet was filed against Anil Chawla. The

applicant is apprehending his arrest and therefore, he has filed the

present anticipatory bail application.

3. Learned counsel for the applicant would submit that, there is no

evidence against the present applicant that he involved in online

gambling with the co-accused Anil Chawla or he provided ID of

Ratanbook or any online betting app to him. Except the

memorandum statement of the co-accused Anil Chawla, nothing is

there in the case against him. He would further submit that the co-

accused Anil Chawla has been acquitted by the learned Judicial

Magistrate First Class, Raipur vide its judgment dated 03.04.2025,

passed in Criminal Case No. 19142 of 2024, and in para 13 of the

judgment it has been observed by the learned trial Court that from

the mobile phone seized from co-accused Anil Chawla, there is no

evidence of playing online gambling and the prosecution has failed to

prove its case. The said finding clearly shows that there is no

evidence against the applicant in the case that there is any online

gambling by Anil Chawla or the present applicant, therefore, the

applicant may be released on anticipatory bail.

4. On the other hand, learned counsel appearing for the State opposes

the submissions made by learned counsel for the applicant and

submitted that, in the memorandum statement of co-accused Anil

Chawla, he disclosed that he along with the present applicant

engaged in playing online gambling through Ratanbook online betting

app. From the analysis of mobile phone of Anil Chawla, certain

incriminating material were extracted with respect to money

transactions, which involved in online gambling. From the statement

of Upendra Jal and Vishal Budhwani, the name of present applicant

also reflected that he involved in online gambling. The mobile phone

of the present applicant is also required for investigation regarding

his involvement in the offence in question, but the same could not be

seized as he is absconding, therefore, considering the nature of

offence and his involvement in the offence in question, he is not

entitled for anticipatory bail.

5. I have heard the learned counsel for the parties and perused the

case diary.

6. Considering the submissions made by the parties, considering the

material collected during the investigation and the allegation against

the present applicant regarding his involvement in the offence in

question, gravity of the offence and its impact of organized crime,

further considering the statement of Upendra Jal and Vishal

Budhwani and entire facts and circumstances of the case, I am not

inclined to release the applicant on anticipatory bail. Even though,

the co-accused Anil Chawla has been acquitted by the learned trial

Court, the same could not affect the case of the present applicant, as

the evidence against him yet to be collected from his mobile phone

and other mode of investigation after his arrest.

7. Accordingly, the present anticipatory bail application filed by applicant

Ashish Wadhwani is rejected.

Sd/-

(Ravindra Kumar Agrawal) Judge ved