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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
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
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,
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
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
