NITISH DIWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 12/6/2024 for the offence under Ss. 420, 467, 468, 471, 201, 120-B of IPC, Ss. 7 and 7A of the Prevention of Corruption Act 1988 and Ss. 4, 7, 8 and 11 of the Chhattisgarh Gambling (Prohibition) Act, 2022 and Sec. 4A of Public Gambling Act, registered at Economic Offence Wing/Anti-Corruption Bureau, Raipur, Chhattisgarh, in Crime No. 6 of 2024.

(2.) The prosecution case in brief is that, an FIR of Crime No. 112/2022 registered on 29/7/2022 at Police Station Mohan Nagar, Durg (C.G.) under Sec. 4A of the Public Gambling (C.G. Amendment) Act, 1976, which was registered against five accused persons, namely, Alok Singh Rajput, Rampravesh Sahu, Kharag @ Raja Singh, Abhishek and Pintu, under Sec. 4A of the Public Gambling (C.G. Amendment) Act, 1976 and Sec. 420, 120B of the IPC and also for Sec. 66D of Information Technology Act, 2000. The Enforcement Directorate had registered the Enforcement Case Information Report (hereinafter referred as 'ECIR') No. RPZ0/10/2022. On the secret information gathered by the officers of the ED, the raid was conducted on the premises of the accused persons in which it was found that a set with a laptop and they were collecting money by creating online IDs and through the said IDs they were placing bets for others through Mahadev Book, on Online cricket matches, horse racing. greyhound racing, kabaddi etc. Upon interrogation, the accused persons disclosed the names of two persons namely Abhishek and Pintu who taught them to procedure of creating the IDs and placing bets in various sports through the Mahadev Book. Initially, treating the FIR No. 112/2022 of P.S. Mohan Nagar, Durg and final report dtd. 29/7/2022 as scheduled/ predicate offence, the respondent ED registered the ECIR No. RPZO/09/2022 which was renumbered as ECIR No. RPZ0/10/2022 vide corrigendum dtd. 7/11/2022 issued by the ED.

(3.) Learned Senior Advocate appearing for the applicant would submit that the investigating agency has acted most arbitrarily and it had nothing, but ill-motivated and mala fide intention to implicate the applicant in offence. He is having no connection or association in any way either with the affairs of the business of Mahadev online book or has received the proceeds of crime. He would further submit that initially, the applicant was intercepted on 5/11/2023 at Delhi Airport and he was interrogated. His cell phone was seized by the ED and same was impounded on that very day, but no seizure memo was prepared at Delhi. The main allegation against the present applicant is that he is closed to Mr. Sourabh Chandrakar and he was interested with hiring Bollywood celebrities for different events of Mahadev Book. The applicant had gone to Dubai in search of work and in that process, the promoters of Mahadev Book had taken his ID cards and passport and he employed him. The name of the present applicant is not come in the statement of the witnesses that he too have in fault in illegal betting app. Except from the mobile phone extracts, no other evidence available in the case against the present applicant. Although the applicant denied the ownership of any property at Dubai, however there is no evidence that the said property was purchased by the applicant from the proceeds of crime. The extracted record from the mobile phone is inadmissible in evidence for want of sufficient compliance under the Evidence Act. The applicant is an employee and engaged in work of issuing visas to various persons during their travel to Dubai and meeting the different Bollywood celebrities and get a chance to have a photo with them, are part of his employment. There is no person, who were cheated by the applicant. There is no evidence that the applicant conspired with the other co-accused persons. The applicant is in jail since 12/6/2024 and till date only the charge-sheet has been filed. Even the charges have not been framed and therefore, there is every possibility of delay in trial. The long period of incarceration and in view of the violation of his fundamental rights guaranteed under Article 21 of the Constitution of India, the applicant is entitled for release on bail.