Page No.# 1/6 GAHC010165932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1786/2025 RUPA SHARMA AND ANR W/O SHRI PAWAN KUMAR SHARMA R/O WHITE HOUSE, KHARGHULI MAIN ROAD, KHARGHULI, GUWAHATI, P.S. LATASIL, DIST. KAMRUP (M), ASSAM, PIN- 781004. 2: SRI PAWAN KUMAR SHARMA SON OF SHIV BHAGWAN SHARMA R/O WHITE HOUSE KHARGHULI MAIN ROAD KHARGHULI GUWAHATI P.S. LATASIL DIST. KAMRUP (M) ASSAM PIN-781004 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,MR. T DEURI,MR. D J DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30.07.2025 1. Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, 1. Rupa Sharma and 2. Pawan Kumar Sharma who are apprehending their arrest in connection with Sonapur P.S. Case No. 113/2025 under Sections 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 Page No.# 3/6 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 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 learned senior counsel for the petitioners have submitted that the petitioner Nos. 1 and 2 are the wife and husband in relationship and they do not have any criminal antecedents. He submits that the petitioners are not involved in the offence alleged in the FIR in any manner. It is submitted by the learned counsel for the petitioners that the petitioners are the share holders in Prithvi Infra Estates LLP which is carrying on business of hotels, resorts rooms and clubs etc. 8. It is submitted by the learned by the learned counsel for the petitioners that the Club Nirvana Resort which is located at Kumarkuchi, Sonapur is a unit of Prithvi Infra Estates LLP and it has facilities of lodging and also has a resort therein. 9. It is submitted by the learned senior counsel for the petitioners that one Deepak Saikia was appointed as a Manager of the Club Nirvana to oversee the daily function of the operation of the Club Nirvana and he was entirely responsible for day to day activities of the said Club and the petitioners were not engaged in day to day management of the said resort. 10. The learned senior counsel for the petitioners has also submitted that the articles which were suspected to be used in gambling were recovered from Page No.# 4/6 the possessions of four accused persons and from their rooms and not from the premises of Club Nirvana which was under control of authorities of Club Nirvana. 11. The learned senior counsel for the petitioners has submitted that merely because the petitioners were the owners of the said Resort, they may not be held liable for any illegal activity which was allegedly committed in the said resort without their consent and without their knowledge. He submits that for the same, the manager Deepak Saikia who is responsible to look after day to day affairs of the resort may be liable. 12. The learned senior counsel for the petitioners has submitted that the petitioners belongs to a very respectable family and are ready to co-operate in the investigation and if they are arrested in connection with Sonapur P.S. Case No. 113/2025, it would cause great prejudice to them. The learned senior counsel for the petitioners, therefore, prays for allowing the petitioners to go on bail. 13. 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 game of betting (online betting) in the banquet hall of the resort. 14. He further submits that in her statement recorded 183 of BNSS, 2023 one of the victim girl has implicated the petitioner No. 2 of having sexually exploiting her and to compel her to provide sexual favour to the customers who booked the rooms in the said resort. 15. As regards the petitioner No. 1 is concerned, the learned Additional Page No.# 5/6 Public Prosecutor has prayed for calling of the updated case diary before considering her prayer for anticipatory bail. As the case diary has been received by this Court day before yesterday and in the meanwhile some investigation might have progressed. 16. 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. 17. On perusal of the case diary, it appears that the suspected articles which may be used for the purpose of gambling were recovered from 3(three) rooms which were already booked and occupied by the guests of accused No. 1, named in the FIR. 18. It also appears from the case diary that there are materials to indicate the complicity of the petitioner No. 2, namely, Pawan Kumar Sharma in the offence alleged in this case. One of the victim girl whose statement has been recorded under Section 183 of BNSS has categorically implicated the petitioner No. 2 Pawan Kumar Sharma of sexually exploiting her. 19. The investigation of this case is still very early stage and in view of the incriminating materials found in the case diary against the petitioner No. 2, Pawan Kumar Sharma, this Court is not inclined to grant anticipatory bail to him at this stage. The prayer for anticipatory bail of the petitioner No. 2 Pawan Kumar Sharma is accordingly dismissed. 20. As regards petitioner No. 1, namely, Rupa Sharma is concerned, though she also happens to be the owner of the Club Nirvana where the alleged offence had happened, however, at this stage of the investigation, there are no specific incriminating materials against the petitioner No. 1 Rupa Sharma in the case diary of having involved in the offence alleged in this case. Page No.# 6/6 21. Under such circumstances, the petitioner No. 1, namely, Rupa Sharma is directed to appear before the Investigating Officer of Sonapur P.S. Case No. 113/2025 within a period of seven days from the date of this order and co- operate in the investigation. If she does so within the stipulated period of time, in the event of her arrest, in connection with the aforesaid case, she shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioner No. 1, namely, Rupa Sharma shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (i) That the petitioner No. 1, namely, Rupa Sharma shall co-operate in the investigation; 22. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant