Invoking organized crime provisions requires objective foundational material establishing a structured criminal syndicate, a history of continuing unlawful activity, and the use of coercive methodology. Mechanical reliance on allegations or the existence of a plurality of offenders is insufficient, as these provisions demand a distinct threshold of proof.

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 office of the Irrigation Department carrying ATM cards, cheque books and other banking documents belonging to various persons, which were being used for withdrawal of cyber fraud amounts on behalf of Manish Soni and Prashant Soni. Acting upon the said credible information, the police party reached near the old Irrigation Department office at about 10:20 PM, where a young man carrying a dark-coloured bag was seen approaching. On noticing the police party, he attempted to flee but was apprehended, and on being asked, he disclosed his name as Vinay Baghla. Upon search conducted in the presence of Constable Rohitash (No. 1635) as witness, multiple banking documents were recovered from his possession, including passbooks, cheque books and ATM cards pertaining to accounts in the names of Ramesh (PNB Account No. 3959000100182266), Hansraj (IndusInd Bank Account No. 100230550396), Rukhsar Ansari (PNB Account No. 3959000100182406 and SBI Account No. 61189917936), and Vinay Baghla himself (Kotak Mahindra Bank Account No. 7949351699).

3.1 During interrogation, Vinay Baghla disclosed that all the aforesaid cheque books, bank accounts and ATM cards were being used for withdrawal of amounts obtained through cyber fraud transactions, and that the cash so withdrawn was being delivered on different dates to Manish Soni and his brother Prashant Soni at their residence at Guru Nagar, Purani Abadi, Sri Ganganagar, for which he was paid Rs.5,000/- per visit. He further disclosed that Manish Soni was engaged in buying and selling USDT cryptocurrency through BINANCE APP and was routing the proceeds through multiple bank accounts to circumvent the daily transaction limit; that the said bank accounts had been procured at Manish Soni's direction through various persons including Hansraj and Rukhsar Ansari. Cyber fraud complaints were found registered on the SAMANVAYA portal against the said bank accounts, reflecting fraudulent transactions including a complaint of Rs. 60,000/- against IndusInd Ba