Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010121512026
2026:GAU-AS:9567
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1603/2026 DEWAN JEHERUL S/O ABDUL KARIM, R/O VILL HALDIA PATHAR, PS KALGACHIA, DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS. S K LASKAR,MR M HUSSAIN,MR. A K AZAD Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14-07-2026 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M. Hussain, learned counsel for the accused applicant and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for
Page No.# 2/4 grant of bail to the accused applicant, who has been arrested on 01.06.2026, in connection with Kalgachia P.S. Case No. 54/2026 under Sections 318(4)/316(2) of the BNS, 2023 read with Section 14 of the Assam Game and Betting Act. 3. The gist of the case is that on 31.05.2026, the complainant, namely, SI Jitul Das of Kalgachia Police Station, lodged an FIR before Kalgachia Police Station alleging that at about 8:30 A.M., credible information was received from a reliable source regarding ongoing illegal betting and gambling during the Indian Premier League (IPL) through mobile phones at Kharisala Bazar area. It was alleged that, acting upon such information, the police team proceeded to the place of occurrence and conducted a raid and search at the house of the accused applicant. During the raid and search, the police recovered a couple of mobile phones along with debit cards of various banks in the names of different persons. After recovery of those materials and on further information, the police raided another place, namely, a rented flat at Green Hillside Apartment, Basistha, Guwahati and recovered several debit cards belonging to different persons. 4. On receipt of the FIR, the police registered Kalgachia P.S. Case No. 54/2026 under the aforementioned sections. 5. The accused applicant was arrested by the police on 01.06.2026 and since then, he has been behind bars. 6. Mr. Choudhury, learned Senior Counsel for the accused applicant, submits that the police have already recovered the debit cards as well as the mobile phones and that the investigation is almost complete in the instant case.
Therefore, further custodial detention of the accused applicant, who has been behind bars for 44 days, is not required. Accordingly, he prays that the accused
Page No.# 3/4 applicant be granted bail. 7. Per contra, Mr. Goswami, learned Additional Public Prosecutor for the State, submits that there are several incriminating materials indicating the involvement of the accused applicant, as narrated in the FIR. He submits that the investigation is still in progress and that there may be many other persons involved in the instant case whose roles are required to be investigated by the police. Therefore, custodial interrogation of the accused applicant is necessary and accordingly, he opposes the prayer for grant of bail to the accused applicant. 8. The case diary in the instant case has been received and I have carefully perused the same along with the materials available on record. 9. This Court has considered the entire facts and circumstances of the case. It appears that the required documents as well as the materials have already been seized and recovered by the police and the investigation is on the verge of completion, therefore, this Court is of the opinion that, since the accused applicant has already spent 44 days behind bars, he should be released on bail. 10. Accordingly, it is directed that the accused applicant shall be released on bail forthwith upon furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, Assam, subject to the following conditions: i. that the accused applicant shall cooperate with the investigation and make himself available before the investigating authority as and when required; ii.
that the accused applicant shall not directly or
Page No.# 4/4 indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Authority against the accused applicant; iii. that the accused applicant shall not indulge in any activity relating to online gambling and betting; and iv. that the accused applicant shall not try hamper or tamper with the investigation in any manner whatsoever. 11. In view of the aforesaid directions, the instant bail application is, accordingly, disposed of as allowed. JUDGE Comparing Assistant