Page No.# 1/6 GAHC010161832025 2025:GAU-AS:10473 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2352/2025 SHRI JOSEPH LALPARMAWIA S/O- ZOTHANPUIA. R/O- KULIKAWN, AIZAWL, PIN.-796005, P.O.- KULIKAWN, P.S.- KULIKAWN, DIST.- AIZWAL, STATE -MIZORAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR K J SAIKIA,MS. M KECHII,MR. P BORDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.08.2025 1. Heard Mr. P. J. Saikia, the learned Senior Counsel, assisted by Ms. M. Kechii, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has Page No.# 2/6 been filed by the petitioner, namely, Shri Joseph Lalparmawia, who has been detained behind the bars since 15.07.2025 (for the last 22 days) in connection with Sonapur P.S. Case No. 113/2025, under Sections 143/317(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. The learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in this case he is presently working as a Secretary of a School at Mizoram. He further submits that though the petitioner had booked a room in the aforesaid resort, however, before search operation was carried out, he had already checked out from the said room. 5. The learned Senior Counsel for the petitioner submits that no seizure of any instrument or article which may be used in games and betting have been seized from his possession and, therefore, even the seizure list does not indicate his name. He also submits that the petitioner is in no way involved in recruitment of any girls for the purpose of exploiting and therefore, there are no ingredients of offence under Section 143 of BNS against the present petitioner. Page No.# 3/6 He also submits that no one was found involved while gambling or betting at the place of recovery. He submits that more recovery or instrument or articles which may be utilized for games and betting does not constitute any offence under Assam Games and Betting Act. In support of his submission, learned senior counsel has cited a ruling of a Co-ordinate Bench of this Court in the case of “Debi Bhattacharjee Vs. State of Assam” reported in “1982 SCC Online 50 Gau”. 6. The learned Senior Counsel for the petitioner also submits that the Assam Games and Betting Act entails maximum punishment for three years only and considering the fact that there is no material to implicate the petitioner in the offence alleged under Section 143 of the BNS, he prays that the petitioner may be allowed to go on bail. He also submits that the petitioner is ready to co-operate in the investigation. 7. The learned Senior Counsel for the petitioner also submits that even if assuming that the petitioner was found in some other room when the search operation was going on, his mere presence may not constitute an offence under Assam Games and Betting Act, when nothing was seized from his possession. He submits that in the instant case no offence under Sections 14/15/16/17 of the Assam Games and Betting Act has been made out against the present petitioner. In support of his submission, he has cited a judgment of a Co-ordinate of this Court in the case of “Motiur Rahman and Ors. Vs. State of Assam” (Judgment date 26.06.2020 in Criminal Revision No. 14/2012) Page No.# 4/6 8. On the other hand, Mr. B. Sarma, the learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner and has submitted that from the case diary, it appears that the petitioner had booked Room No. 8 of the said resort and he was staying in the said room. However, before search operation, he had already checked out from the said room, however, he was found in room No. 1 at the time of search operation. The learned Additional Public Prosecutor also submits that from room No. 1 also articles/materials which may be utilized for the purpose of gambling and betting have been recovered. 9. 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 games of betting (online betting) in the banquet hall of the resort. 10. He further submits that during the investigation, the Investigating Officer has also recovered materials which indicate that the accused persons named in the FIR have indulged in sexual exploitation of the victim girls, who were employed in the resort. 11. The learned Additional Public Prosecutor also submits that the victim girls whose statements have already been recorded under Section 183 of BNSS have implicated the accused persons named in the FIR including the present petitioner. He also submits that there are few more victim girls whose statements are yet to be recorded and there is indication in the case diary that some of the victim girls Page No.# 5/6 might be minor. He also submits that the investigation is at a crucial stage and, therefore, considering the early stage of investigation, he prays for rejecting the bail application. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Sonapur P.S. Case No. 113/2025. 13. On perusal of the Case Diary, it appears that the investigation of the case is at an early and a very crucial stage and there are incriminating materials against the present petitioner in the Case Diary implicating him in the offences alleged in this case. One of the victim girls has also implicated the petitioner of having sexually assaulted her. 14. One of the prime accused, i.e. the owner of the Club Nirvana Resort is still at large. Some of the victim girls, who are reportedly minors, are yet to be examined by the Investigating Officer. 15. Under the aforementioned circumstances, this Court is of the considered opinion that releasing the petitioner at this stage on bail, may hamper the investigation. 16. Accordingly, the prayer for bail is rejected at this stage. 17. Send back the Case Diary. 18. This case is accordingly dismissed. Page No.# 6/6 JUDGE Comparing Assistant