Page No.# 1/6 GAHC010163242025 2025:GAU-AS:10360 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2371/2025 LALCHHANHIMA SAILO SON OF LALTHANNGURA SAILO RESIDENT OF HOUSE NO. 166, KULIKAWN, P.S. KULIKAWN DIST. AIZAWL, MIZORAM, PIN-796005. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN, MR. D BORA,MR. N MAHAJAN,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.08.2025 1. Heard Mr. B.K. Mahajan, the learned counsel for the petitioner. Also heard B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/6 2. This bail application has been filed by the petitioner, Sri Lalchhanhima Sailo under Section 483 of BNSS praying for bail in connection with Sonapur P.S. Case No. 113/2025 under Section 143/ 317(4)/ 49/ 3(5) of BNS read with Sections 14/15/16/17 of the Assam Game 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 unlawful activities like gambling and another criminal acts like human Page No.# 3/6 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, namely, Sri Lalchhanhima Sailo has been named as one of the accused in the FIR. 8. Mr. B.K. Mahajan, learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged in the FIR against him. He submits that no ingredients of offence under Section 143 of BNS are there in this case against the present petitioner, as there is no accusation against him regarding recruitment, transportation, transferring, receiving of the victim girls by employing the modes mentioned in clauses (a) to (f) of Section 143 of BNS. 9. He submits that even if it is assumed that the accusation made by the victim girls that they were asked to satisfy the customers are believed to be true, only offence under Section 7(a) of the Immoral Trafficking (Prevention) Act, 1956 may be made out against the petitioner. Under such circumstances, he submits that the offences against the petitioner would be bailable. 10. He submits that the offence under Section 317(4) of the BNS also not made out against the petitioner as no accusation has been made under Section 303 of BNS that the properties seized in this case are stolen property. The learned counsel for the petitioner also submits that the mere seizure of Casino poker chips of various colours for using Page No.# 4/6 in gambling would not attract an offence under the Assam Games and Betting Act, 1970 unless the accused persons are found indulging in gambling at the time when they were arrested. He also submits that in this case the arrest of the petitioner was made even before the arresting authority would gather any material against him, which would have justified to arrest in this case. 11. The learned counsel for the petitioner submits that the arresting authority has justified in not invoking the provisions of Section 35(3) in this case reveals that initially Section 143 of BNS might not have arose and the only provision against the petitioner is serious in nature. He also submits that Section 317 BNS is not found to be attracted and the remaining offence would entail issuance of notice under Section 35(3) of the BNSS to the petitioner. 12. The learned counsel for the petitioner also submitted that the petitioner has not indulged in any online gaming or gambling and also not indulged in any online batting. He submits that a report may be called for from the Investigating Officer regarding progress of the investigation regarding the amount of online transaction done by the petitioner for commission of alleged offence. He also submits that in this case, a cash amount which was recovered is very small amount and which was found in the wallet of the petitioner and apart from that no other cash amount was recovered from the petitioner. He submits that had there been gambling or betting of such cash would have been recovered. He also submits that the petitioner is an advocate by profession, practicing in Aizwal Bench of Gauhati High Court, Aizwal and Page No.# 5/6 there is no flight risk and he is ready to cooperate in the investigation and therefore he prays for allowing the petitioner to go on bail. 13. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor has vehemently objected to grant bail. He submits that there are sufficient materials against the petitioner regarding his complicity in the offence as alleged in the FIR. He also submits that the victim girls, whose statements have already been recorded have categorically implicated the petitioner in the offences alleged in the FIR. He also submits that it was the petitioner who had booked 32 rooms in the Club Nirvana Resort and it was he who had organized gambling and betting at Club Nirvana Resort. 14. He also submits that as there are materials in the Case Diary which indicates that the petitioner also sexually exploited the victim girls on more than one occasions. 15. He also submits that the investigation is going on at a very crucial state and at this stage if the petitioner is released on bail, it will certainly hamper the investigation and accordingly, he prays for dismissing the prayer for bail. 16. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary which has been produced by the learned Additional Public Prosecutor. 17. The investigation in this case is at early and a very crucial stage. Though in this case, inter alia accusations under Section 143 of the BNS, 2023 has been made and though the learned counsel for the Page No.# 6/6 petitioner has submitted that no ingredient of offence under Section 143 of the BNS, 2023 are there against the present petitioner, however, on perusal of the Case Diary, prima facie at this stage, there appears to be sufficient incriminating materials against the present petitioner therein. 18. There is also indication that the petitioner also sexually exploited the victim girls, who were employed as dancers in the Club Nirvana Resort 19. The investigation of this case is at a very crucial stage and one of the prime accused, i.e., the owner of the Club Nirvana Resort is still evading arrest. Some of the victim girls, who are reportedly minors, are yet to be examined by the Investigating Officer. 20. Under the aforesaid circumstances, considering the implicating materials in the Case Diary against the present petitioner and the stage of the investigation, this Court is reluctant to grant bail to the petitioner at this stage. 21. The prayer for bail of the petitioner is accordingly rejected. 22. Send back the Case Diary. JUDGE Comparing Assistant