Page No.# 1/5 GAHC010166522026 2026:GAU-AS:12639 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2248/2026 KAMAL UPADHYAYA AND 3 ORS. S/O HUKUM PRASAD UPADHYAYA R/O P.P. ROAD, REHABARI, P.S. PALTANBAZAR, GUWAHATI, DISTRICT KAMRUP (METRO), ASSAM 2: BIKASH GUPTA S/O LATE MAHENDRA PRASAD GUPTAR/O RAJBARI MANIPURI BASTI P.S. PALTANBAZAR GUWAHATI DISTRICT KAMRUP METRO ASSAM 3: AMIT KUMAR JHA S/O LATE TARUN KUMAR JHA R/O HALDHIBARI ATHGAON P.S. BHARALUMUKH GUWAHATI DISTRICT KAMRUP METRO ASSAM 4: LAL SAHEB MAHATO S/O LATE HARERAM MAHATO R/O BHARWARI P.S. ROSERA DISTRICT SAMASTIPUR BIHAR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/5 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 02-09-2026 Heard Mr. B.K. Mahajan, learned counsel appearing for the accused- applicants. Also heard Ms. S.H. Bora, learned Addl. P.P., representing the State respondent. 2. This is an application filed under section 483 of BNSS, 2023, praying for bail of the accused-applicants in connection with Panbazar P.S. Case No. 106/2026, registered under Sections 351(2)/61/3(5)/111 of BNS, 2023 read with Section 13/14/15/16/19/20 of Assam Gaming and Betting Act, 1970, read with Section 25(1B)(a) of Arms Act, added Section 9(1)/9(3) of the Promotion 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, 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, Page No.# 3/5 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 are said to be of 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 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. The accused-applicants had moved this Court by filing a bail application on an earlier occasion, being Bail Application No. 1891/2026, which was considered by this Court, and vide its order dated 22.07.2026, the same was rejected. The instant bail application has been filed by the accused-applicants after the charge- sheet has already been laid, vide charge-sheet No. 144/2026 dated 27.08.2026. 6. Mr. B. K. Mahajan, learned counsel appearing for the accused-applicants, submits that from the charge-sheet filed against the accused-applicants, no offense could be attributed to the accused-applicants under Section 111, Explanation-(ii) of BNS, 2023. He submits that all the other charges against the accused-applicants are 60-day offenses during the investigation period. He submits that since a perusal of the charge-sheet apparently makes out that no offense has been committed under Section 111, Explanation-(ii) of BNS, 2023, therefore, the accused-applicants should be granted bail as they have already completed 95 days behind the bars. He submits that the charge-sheet does not mention anything about any previous “continuing unlawful activity" of the accused-applicants. He submits that for an offense to come under Section 111, BNS, 2023 prior “continuing unlawful activity” as mentioned in Section 111, Explanation-(ii) of the BNS has to be present. Therefore, he submits Page No.# 4/5 that since that vital aspect of “continuing unlawful activity” is not present against the accused-applicants in the charge-sheet, the accused-applicants should be granted bail on that ground alone. 7. Ms. S.H. Bora, learned Addl. P.P., on the other hand, opposes the prayer for bail of the accused-applicants at this stage. 8. This Court has considered the submissions made by the counsel appearing for the respective parties. 9. In this connection, Explanation-(ii) of Section 111 of BNS, being relevant, is quoted herein below: - “Section 111, Explanation-(ii): “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organized crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence and includes economic offence.” 10. From a perusal of the aforesaid section, it is clear that for an offense to come under Section 111, Explanation-(ii) has to be present. However, in the instant case, the certified copy of the charge-sheet which has been brought on record by the accused-applicants by way of an additional affidavit, no such record of any prior “continuing unlawful activity” as mentioned in Section 111, Explanation-(ii) of BNS is found to be present. 11. This Court has also taken into account the fact that some of the co-accused have already been granted bail by this Court in Bail Application No. 1891/2026, vide its order dated 22.07.2026. Page No.# 5/5 12. In consideration of the entire matter, this Court is of the opinion that the accused-applicants, who have already spent 95 days inside the jail, should be granted bail at this stage. Accordingly, it is directed that the accused-applicants shall be released on bail on furnishing a bail bond of Rs. 30,000/- (Thirty Thousand) each with a surety of like nature to the satisfaction of the SDJM No. 2, Kamrup (M), subject to the following conditions:- 1. That the accused-applicants shall fully cooperate with the investigation and make themselves available as and when called for by the Investigating Officer (I.O.); 2. That the accused-applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or police. 13. In terms of the aforesaid direction, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant