Kamal Upadhyaya And 3 Ors vs The State Of Assam on 22 July, 2026

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    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,
                                                                                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.

    SPONSORED

    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.

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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
    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



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