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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Vinay Baghla, S/o. Ashok Baghla – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
FARJAND ALI, J.
Grievance-
1. By way of filing the instant revision petition under Section438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (in short “BNSS”) the petitioner assails the order dated 04.11.2025 passed by the learned Additional Sessions Judge No. 02, Sri Ganganagar in Sessions Case No. 10/2025 (CIS No. 14/2025), titled as State of Rajasthan Vs. Prashant Soni & Ors., whereby the learned trial Court has framed charges against the petitioner under Sections 111(2) (b), 111(3), 111(4), 111(6), 317(5), 318(4) read with Section 61(2)(b) of the Bharatiya Nyaya Sanhita, 2023.(in short “BNS”)
2. Brief Facts of the Case
3. The brief facts of the case are that on 02.11.2024 at about06:05 PM, Head Constable Kamlesh Kumar Meena (No. 81), along with Constable Rohitash (No. 1635) and other police personnel, left Police Station Purani Abadi, Sri Ganganagar on patrolling duty. At about 10:05 PM, near Dhingda Park, a reliable informer apprised the police party that one Vinay Baghla, son of Ashok Kumar Baghla, aged 25 years, resident of Gali No. 7, Chak 3E, Chhoti Police Jawaharpur, Sri Ganganagar, was proceeding from Multipurpose School towards the old offi
The absence of legally admissible evidence against the accused, particularly regarding organized crime, is crucial for granting bail under the Narcotic Drugs and Psychotropic Substances Act.
The court established that organized crime under Section 111(1) of the BNS requires evidence of continuing unlawful activity and prior charge sheets, and the absence of such evidence negates the appl....
Bail application – Organised Crime – To attract offence under Section 111 (1) of BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law....
The court upheld the retrospective application of the B.N.S. provisions, confirming that prior charge sheets and cognizance taken are sufficient to establish cognizable offences under organized crime....
To classify offences under organised crime, there must be admissible evidence of unlawful activity, which the petitioners lacked, justifying the granting of pre-arrest bail.
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