Gauhati High Court
Kamal Upadhyaya And 3 Ors vs The State Of Assam on 22 July, 2026
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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,
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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
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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
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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.
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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
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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
