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VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
Jitesh Jha – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
1. In the bunch of above cases, two petitions filed by filed by petitioner, Sandeep Shukla, being Criminal Misc. Writ Petition No. 14622 of 2024 (Sandeep Shukla vs. State of U.P. and others) and 14651 of 2024 (Sandeep Shukla vs. State of U.P. and others) are requested to be dismissed as withdrawn as the petitioner has been arrested. Accordingly, Criminal Misc. Writ Petition Nos. 14622 of 2024 and 14651 of 2024 stand dismissed as withdrawn.
2. Learned A.G.A. points out that the petitioner Kamla Ariel and three other accused, in Criminal Misc. Writ Petition Nos. 14502 of 2024 (Kamla Ariel and others vs. State of U.P. and others), 14691 of 2024 (Kamla Ariel and others vs. State of U.P. and others), have already been arrested. None appears for them and also no prayer for adjournment has been made on their behalf. However, for the last few weeks notice is being placed on the notice board that all passed over and date fixed matters shall be taken up in the first call. Accordingly, Criminal Misc. Writ Petition Nos. 14502 of 2024 and 14691 of 2024 stand dismissed for want of prosecution.
3. We now proceed to consider the arguments raised by the counsel for the petitioners Criminal
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....
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.
To establish organised crime under Section 111 of the BNS, more than one charge sheet must be filed against the accused within ten years; absence of such negates the offence.
(1) Organised Crime – For the purpose of organised crime, there has to be continuing unlawful activity – There cannot be continuing unlawful activity unless at least two charge-sheets are found to ha....
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....
(1) Organised crime – There has to be a continuing unlawful activity carried out by an organized crime syndicate, for which more than one charge-sheets have been filed before a competent court within....
Point of law : Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the co....
Bail – Merely because applicant was not named in FIR, such factor cannot in any manner influence discretion of Court to enlarge her on bail.
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