Page No.# 1/6 GAHC010133662026 2026:GAU-AS:10021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1792/2026 KAMAL UPADHYAYA AND 3 ORS. S/O HUKUM PRASAD UPADHYAYA RESIDENT OF P P ROAD REHABARI P S PALTANBAZAR GUWAHATI DISTRICT KAMRUP (METRO) ASSAM 2: BIKASH GUPTA S/O LATE MAHENDRA PRASAD GUPTA AGED ABOUT 40 YEARS RESIDENT OF RAJBARI MANIPURI BASTI P S PALTANBAZAR GUWAHATI DISTRICT KAMRUP METRO ASSAM 3: AMIT KUMAR JHA S/O LATE TARUN KUMAR JHA AGED ABOUT 39 YEARS RESIDENT OF HALDHIBARI ATHGAON P S BHARALUMUKH GUWAHATI DISTRICT KAMRUP METRO ASSAM 4: LAL SAHEB MAHATO S/O LATE HARERAM MAHATO AGED ABOUT 32 YEARS RESIDENT OF BHARWARI P S ROSERA DISTRICT SAMASTIPUR BIHA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 22.07.2026 Heard Mr. B.K. Mahajan, the learned counsel appearing for the accused applicants. Also heard Mr. B. Sharma, the learned Addl. P.P., representing the State. 2. This is an application filed under Section 483 of BNSS praying for granting bail to the accused applicants in connection with Panbazar Police Station Case No. 106/2026, registered under Sections 351(2)/61/3(5)/111 of the BNS 2023, read with Sections 13/14/15/16/18/19/20 of Assam Game and Betting Act, 1970, read with Section 25(1B)(a) of Arms Act, added Section 9(1)/9(3) of Prohibition and Regulation of Online Gaming Act, 2025, read with Section 7(C)(2)/12 of Assam Money Lenders Act, 2022, read with Section 112 of BNS Act, 2023. 3. The prosecution case in brief is that on 31.05.2026, on receipt of credible source information and upon due authorization, a police team conducted a search at the residential premises of the main accused Alok Jain at House No. 57, Karuna Apartment, 1st Floor, Fancy Bazar, Guwahati, wherefrom an organized illegal IPL betting and gambling racket was being run. Alok Jain, the kingpin of the said betting and gambling racket, was apprehended at the spot along with his associates while live betting on IPL final match was actually in progress and betting records, gambling paraphernalia, electronic devices, financial documents, cash, 41 nos. of bank passbooks, multiple ATM/debit cards and a .32 bore pistol with 40 rounds of live ammunition were recovered and seized. The accused applicants herein, namely, Kamal Kumar Upadhyay, Bikash Gupta, Amit Kumar Jha, and Lal Saheb Mahato alias Lal Singh, are the close associates of kingpin Alok Jain and active members of the said organized betting syndicate, who were present at the said premises engaged in the betting operation and absconded from the spot upon arrival of the police team Page No.# 3/6 and were apprehended only after sustained efforts and follow-up investigation. 4. On receipt of the FIR, police registered Panbazar Police Station Case No. 106/2026 under the aforementioned sections. 5. Mr. B.K. Mahajan, the learned counsel appearing for the accused applicants, submits that the accused applicants were named in the FIR only on the basis of suspicion and they were not found in the spot when the police arrived at the spot. He further submits that the accused applicants were alleged to have been involved only in gambling and betting Act, which is an offense under Section 112 of the BNS 2023, which is recognized as petty organized crime, punishable with 1 year, but which may extend to 7 years and also liable to fine. He submits that though there was an allegation in the FIR and the case has been registered under the Arms Act, the .32 revolver that has been recovered does not belong to any of the accused applicants in the instant case. He submits that there is no allegation or any material which have been brought by the police against the accused applicants wherein it could be said that the accused applicants have used or transacted any amounts that have been quantified by the police in the instant case. He submits that the accused applicants were arrested on 01.06.2026 and since then they are behind the bars. He submits that a bare perusal of the allegations that have been narrated in the FIR and the forwarding report, it is apparent that no non-bailable offense under Section 111/112 of BNS 2023 as well as Section 13/14/15/16/18/19/20 of Assam Game and Betting Act, 1970, Section 25(1B)(a) of Arms Act, Section 9(1)/9(3) of Prohibition and Regulation of Online Gaming Act, 2025 attributed in the instant case can be made out against the accused petitioners. He submits that Section 351(2) of BNS 2023 as well as Section 7(C)(2)/12 of Assam Money Lenders Act, 2022 attributed in the instant case are also bailable offenses. He further submits that a bare perusal of Section 111 of BNS 2023 would show that none of the prerequisites to invoke the said penal provision can be found in the instant case Page No.# 4/6 against the accused applicants and the accused applicants are not involved in any activity like kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offense, cybercrimes, trafficking of persons, drugs, weapons or illicit goods or services and human trafficking for prostitution or ransom. He submits that Investigating Agency itself has alleged that the instant case is one of illegal betting, which falls under the sole domain of Assam Game and Betting Act, which are petty offenses under the provisions of Section 112 of the BNS 2023. In view of the aforesaid submission, the learned counsel submits that since the accused applicants are already inside the jail for more than 50 days, further custodial detention of the accused applicants may not be required in the instant case. 6. Mr. B. Sharma, the learned Addl. P.P., on the other hand, opposes the prayer of bail of the accused applicants. He submits that there are sufficient incriminating materials about involvement of each of the accused applicants in the alleged offense of gambling and betting in the instant case. He submits that the accused applicants were arrested after due investigation and it was found that accused applicants were present at the spot and were actively involved in the gambling and betting activities during the IPL final match. He submits that the accused applicants had fled away from the place of occurrence only when the police arrived at the place of occurrence. He submits that the investigation has revealed sufficient materials about their involvement involving several lakhs of rupees and their accounts and phone records also reveal various activities of illegal gambling and betting. In view of the aforesaid, he submits that the accused applicants should not be granted bail at this stage as the investigation is still ongoing. 7. Case Diary in the instant case has been received and the same is perused by this Court. Page No.# 5/6 8. From the materials in the Case Diary, it is prima facie seen that specific and individualized role of each of the accused applicants in the alleged offense is found through documentary, electronic, and forensic evidence collected during the investigation. It is seen that CDR analysis of the mobile numbers of the accused applicants, the WhatsApp chat records recovered from the seized devices, the UPI/QR code payment trail, the browsing history of betting platforms and betting applications found installed in the seized devices, each of which independently corroborates their active participations in an operation of illegal betting and gambling racket in concert with other persons involved. 9. This court has also gone through the statements of witnesses recorded under Section 180 of BNSS, which prima facie disclose the involvement of the accused applicants in the alleged offence narrated in the FIR. 10. It is also seen that during investigation, huge amount of money, totaling several lakhs, has been found to be transacted, which is beyond the known source of income of the accused applicants and others involved in the aforesaid activities. 11. It is also seen that police recovered various betting records, gambling paraphernalia, electronic devices, financial documents, cash, 41 nos. of bank passbooks, multiple ATM and debit cards, and a .32 bore pistol with 40 rounds of live ammunition and seized those from the place of occurrence. 12. It is also seen that during the statements before the police by various witnesses during the investigation, the accused applicants have been stated to be present and involved in regular betting and gambling activities along with the alleged kingpin, Alok Jain, at the place of occurrence. 13. Needless to say that the aforesaid activities, including gambling, are an organized crime having serious implications and impact on the economy of the country. It is also seen that during investigation, it was found that a huge amount of Page No.# 6/6 money to the tune of more than Rs. 80 lakhs has been found in transaction, which is beyond the declared source of income of the accused applicants as well as of the main accused Alok Jain, which is nothing but an economic offence. It cannot be negated that the aforesaid activities fall under organized crime as defined under Section 111 of the BNS, 2023. 14. Taking into account the gravity of the offences and recovery of various incriminating materials which indicates prima facie commission of organized crime, this court is not inclined to grant any relief to the accused applicants at this stage. 15. In view of the aforesaid prima facie findings, the instant bail application is rejected. JUDGE Comparing Assistant