MCRCA/1551/2026 of RIKESH RAY (Wrongly Written as Rikeash Ray in Annexure - A/1) Vs THE STATE OF CHHATTISGARH on 5 October 2026

1. This is the first bail application under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, filed by the applicant, apprehending arrest in connection with Crime No.262 of 2026, registered at Police Station- Kharsiya, District-Raigarh, CG for the alleged offence punishable under Section 7 of the Chhattisgarh Gambling (Prohibition) Act, 2022, Section 112(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023 (BNS).

2. Case of the prosecution is that, on 31.05.2026, Kharsiya Police received secret information that the co-accused persons, namely, Gagan Agrawal and Shubham Agrawal are engaged in online gambling near Ganj Bazar Mohalla and the Police party conducted raid the suspected place and found both the co-accused persons in front of the house of Gagan Agrawal. On being interrogated, they disclosed that they are engaged in online gambling along with Rikesh Ray (present applicant), Arjun Rathore and Sahil Agrawal. Police conducted raid in the house of Sahil Agrawal, who fled away from the spot. However, from his house, cash amount of Rs.31,99,700/-, and a currency counting machine were seized. Police also found online gambling apps grandexch.com from the mobile phone of Gagan Agrawal, and radheexch.com from the mobile phone of Shubham Agrawal. FIR was registered against them and the present applicant is apprehending his arrest.

3. Learned counsel for the applicant would submit that except memorandum statement of co-accused persons, there is no material in the case-diary that the present applicant is also actively engaged in online gambling with other accused persons. He has no connection with other accused persons and it is only on suspicion raised by the Police that present applicant also involved in the alleged offence with the co-accused persons. There is no money transaction extracted from the mobile phone of arrested co-accused persons that any money was transferred to the bank account of present applicant. Even there is no material in the charge-sheet filed against the co-accused persons that the said gaming app was being used by the mobile phone of the arrested accused persons. Applicant is a respectable person of community and society. He would further submit that though there are criminal antecedents registered against the present applicant, however, the applicant has been acquitted from the offence of Crime No.464 of 2021 registered at Police Station-Kharsiya, and the offence of Crime No. 526 of 2023 registered at Police Station- Chakradharnagar for the offence under Section 6 of the Chhattisgarh Gambling (Prohibition) Act, 2022, is pending for consideration in which the applicant has been released on bail. He would further submit that the applicant could not furnish the outcome of another alleged Crime No.555 of 2022 registered at Police Station-Kharsiya. There is no sufficient material available in the case against the present applicant, who was said to be active in the online gambling along with other co-accused persons. Therefore, he may be released on anticipatory bail.

4. On the other hand, learned State counsel would oppose the bail application, and would submit that on the memorandum statement of the co- accused persons, name of the present applicant has been disclosed that he too was involved in the online gaming along with them. Huge amount of Rs.31,99,700/-, and currency counting machine were seized from the house of accused-Sahil Agrawal and after seeing the Police party, he fled away from the house. Regular bail applications of the co-accused persons have been rejected vide order dated 23.07.2026 passed in MCRC-6187 and 6354 of 2026. Present applicant is having three criminal antecedents, out of which in one case, he has been acquitted, in another case, he has been convicted and sentenced fine amount and the third case is still pending consideration. Looking to the material available in the case diary, rejection of regular bail application of the co-accused persons and the criminal antecedents of present applicant, he is not entitled for anticipatory bail.

5. Heard learned counsel for the parties, and perused the case-diary.

6. Taking into consideration the submissions made by learned counsel for the parties, nature of allegation, material collected during the investigation, further, considering the seizure of huge cash amount of Rs.31,99,700/- seized from the co-accused Sahil Agrawal, the discloser statement made by the co- accused persons, name of the present applicant surfaced from the memorandum statement of co-accused Gagan Agrawal and Shubham Agrawal, further that their regular bail applications have been rejected by this Court by a common order dated 23.07.2026 passed in MCRC-6187 and 6354 of 2026 and the 2nd bail application of co-accused Sahil Agrawal has also been rejected by this Court vide order dated 17.08.2026 passed in MCRC-7582 of 2026, also keeping in view of the past criminal antecedents registered against the present applicant, I am not inclined to grant anticipatory bail to the applicant.

7. Accordingly, the anticipatory bail application of Rikesh Ray, s/o Ramashankar Ray is dismissed. Certified copy of the order as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE

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