Page No.# 1/6 GAHC010158872025 2025:GAU-AS:9632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2321/2025 SHRI LALFAKAWMA RALTE S/O- LATE LALTHANSANGA, R/O- B/47, MISSION VENG, KULIKAWN, P.S.- AIZAWL, AIZAWL, DISTRICT -AIZAWL, MIZORAM, PIN-796005. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P D NAIR, MS S GOYAL,MR S R A NASER,MR. H ROHMAN,MR. A CHETRY,MR G ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.07.2025 1. Heard Mr. P.D. Nair, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/6 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Sri Lalfakawma Ralte, who has been detained behind the bars since 15.07.2025 (for the last 08 days)in connection with Sonapur P.S. Case No. 113/2025, under Sections143/317(4)/49/3(5) of BNS, 2023, read with Sections 14/15/16/17 of the Assam Games and Betting Act, 1970. 3. The gist of accusation in this case is that on 15.07.2025, one Abdul Kader Sheikh had lodged an FIR before the Officer-In-Charge of Sonapur Police Station, inter alia, alleging that a secret information was received through reliable sources regarding illegal gambling activities being carried on at Club Nirvana Resort, Kumarkuchi, Sonapur and accordingly, a team of police officials was constituted and it conducted search operation in the said resort. 4. During search operation in room Nos. 1, 3 and 8 on the 1st floor of the old building of Club Nirvana, certain objectionable materials which can be used for the purpose of gambling were recovered therefrom, like casino poker chips, cards, poker dealer button and one lottery bingo machine which may be used in gambling/casino. 5. It is also stated in the FIR that the owner/authorities of the Club Nirvana Resort were suspected to have connivance with the accused persons, who booked the aforesaid rooms, namely, Lal Chhanhima Sailo, Sri Lalfakawma Ralte, Lalringheta and Joseph Lalparmawia. 6. It is also alleged in the FIR that the aforesaid accused persons were provided with necessary facilities by the club authorities to do Page No.# 3/6 unlawful activities like gambling and another criminal acts like human trafficking. It is further alleged in the FIR that the owner and the Manager of the Club Nirvana Resort were involved in illegal business of human trafficking and they used to illegally procure girls and supply them to the customers in the resort premises. 7. The present petitioner has been named as one of the accused in the FIR. 8. The learned counsel for the petitioner submits that the present petitioner had not booked any room in the Club Nirvana Resort. He only went there to stay in a room booked by accused No. 1, namely, Lal Chhanhima Sailo. He further submits that the petitioner was not found either indulging in gambling or any other immoral activities linked with offence under Section 143 of BNS, 2023. 9. He also submits that though the FIR indicates that the seizure of items which were suspected to be used in gambling were seized from 3(three) different rooms, however, the seizure list does not indicate specifically as to from which room what article were recovered. 10. He further submits that cash amount of Rs. 22,000/- (Rupees Twenty-Two Thousand only) was recovered from the wallet of the petitioner and the same was never used for the purpose of gambling. 11. The learned counsel for the petitioner also submits that in the instant case, the search of the rooms in which the petitioner was staying with other co-accused was not made in pursuant to any authorization under Section 7 of the Assam Games and Betting Act, 1970 and in Page No.# 4/6 absence of any authorization or search warrant, such a search becomes illegal and cannot be the basis for further extension of judicial custody of the petitioner. 12. The learned counsel for the petitioner has submitted that the present petitioner is in no way connected with the offence alleged in the FIR. 13. The learned counsel for the petitioner further submits that the accusation regarding human trafficking made in the FIR is only on the basis of suspicion and nothing was found at the time of lodging of the FIR, which justifies inclusion of the provision under Section 143 of the BNS, 2023 in this case. He submits that none of the ingredients as mentioned in Section 143(1)(a) to (f)of the BNS, 2023 are present in this case, as the petitioner has not recruited any person for the purpose of exploitation within the meaning of the Section 143 of the BNS, 2023. 14. He submits that the other penal provisions involved in this case entails lesser punishment for which issuance of notice under Section 35(3) of the BNSS, 2023 is mandatory, however, only to avoid issuance of such notice the police has inserted provision under Section 143 of the BNS, 2023 in this case. 15. He also submits that no material to justify the allegation of receiving any stolen property is there on record, however, the said provision has also been inserted only because of the fact of higher punishment provided for the said offence so as to avoid issuance of notice under Section 35(3) of BNSS, 2023. Page No.# 5/6 16. He submits that in this case there are no materials to implicate the petitioner under the offences alleged in the FIR. Hence, he prays for allowing the petitioner to go on bail. 17. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Sonapur P.S. Case No. 113/2025, and has submitted that the accused No. 1 named in the FIR, namely, Lal Chhanhima Sailo had booked all the 32 rooms of the resort and all the guests have indulged in the gambling and betting (online betting) in the banquet hall of the resort. 18. He further submits that during investigation, police also recovered materials indicating that the accused persons have indulged in human trafficking and one of the victim girl, who was employed in the resort was recovered therefrom. 19. He further submits that in her statement recorded under Section 183 of BNSS, 2023 the victim girl has implicated co-accused persons of having forced her to sexual exploitation, to cater to the customers who have booked the rooms in the said resort. He further submits that there are 5(five) more victim girls, whose statements are not yet recorded, therefore, he vehemently opposed the grant of bail to the present petitioner. 20. I have considered the submissions of the learned counsel for both sides and have gone through the Case Diary of Sonapur P.S. Case No. 113/2025. 21. On perusal of the Case Diary, it appears that there are materials Page No.# 6/6 in the Case Diary which indicates the complicity of the owner of the Club Nirvana Resort, namely, Pawan Kumar Sharma in the alleged offence under Section 143 of the BNSS, 2023 and the various provisions of Assam Games and Betting Act, 1970. One of the victim girls, whose statement has been recorded under Section 183 of BNSS, 2023 has categorically implicated the owner Pawan Kumar Sharma of sexually exploiting her. She was also sexually exploited by the guests of the said resort, in lieu of money. 22. The investigation of the case is at very initial stage and the prime accused, i.e. the owner of the Club Nirvana Resort is still evading from police and has not co-operated in the investigation. Moreover, the statement of 5(five) other victim girls are yet to be recorded. 23. Under the above-mentioned circumstances, when there are implicating materials in the Case Diary against the present petitioner and when the investigation is still at very initial stage, this Court is reluctant to grant bail to the petitioner at this stage. 24. The prayer for bail of the petitioner is accordingly rejected. 25. Send back the Case Diary. JUDGE Comparing Assistant