Involvement in organized crime under the Bharatiya Nyaya Sanhita can result in prosecution even for first-time offenders, emphasizing ongoing participation over prior records.

JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1.All the above referred bail applications involve identical questions of law and facts and arise from the same Case Crime Number. The Crl. Misc. Bail Application No. 25708 of 2025 is being treated as the leading bail application and the facts pertaining to the same is being considered for deciding the controversy involved.

2. Heard Shri V. P. Srivastava, learned Senior Counsel assisted by Ms. Deeksha Gupta, Shri Siddharth Srivastava and Ms. Somiya Shukla, learned counsels for the applicant, Shri S. K. Rai, learned AGA-I for the State and perused the records.

3. The instant bail application (Crl. Misc. Bail Application No. 25708 of 2025) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking enlargement on bail in Case Crime No. 11 of 2025, under Sections 318 (4), 319 (2), 111, 336 (3), 338 and 340 (2) of B haratiya Nyaya Sanhita, 2023, and under Sections 66-C, 66-D of Information Technology Act and under Section 3 Public Gambling Act, Police Station Cyber Crime, District Azamgarh. The first and second bail applications of the applicant in the Court below were rejected by the learned Addl. Sessions Judge, Court No. 3, Azamgarh vide order dated 13.5.2025 and 16.6.2025 respectively and the applicant is incarcerated in Jail since 10.4.2025.

4. Shri V. P. Srivastava, learned Senior Counsel appearing on behalf of the applicant Badrul submits that the applicant is entirely innocent and has been falsely implicated for ulterior purposes. The FIR giving rise to the instant case crime number does not nominate the applicant. The FIR itself has been lodged after a delay of 04 months without there being any explanation of the delay occasioned. The applicant has no criminal antecedents and has been arrested only on the basis of suspicion during the investigation. Recovery of one mobile phone has been made from the applicant while the recovery from other co-accused persons, a total of 12 mobile phones, 04 laptops, 02 laptop chargers, 05 mobile chargers and one mouse was made. The mobile number mentioned in the FIR is not associated with the applicant. It is argued that no offence under Section 318 (4), 319 (2), 111, 336 (3), 338 and 340 (2) of Bharatiya Nyaya Sanhita, 2023, and under Section 66-C, 66-D IT Act and under Section 3 Public Gambling Act is made out against the applicant. The charge sheet against the applicant and six other co-accused persons has already been filed and the custodial interrogation of the applicant is no longer required. The applicant undertakes to cooperate in the trial and shall not misuse the liberty of bail. Hence, prayer for bail has been made.

5. Per contra, Shri S. K. Rai, learned AGA-I appearing for the State has vehemently opposed the bail plea by submitting that the applicant along with co-accused is involved in cyber fraud and has been found indulging in organized crime for obtaining monetary gains. Recoveries establishing the complicity in the crime has been found. Learned AGA has also invited the attention of the Court to the provisions of Section 111 Bharatiya Nyaya Sanhita, 2023, which relates to organized crime to submit that the offence of Section 111 Bharatiya Nyaya Sanhita, 2023, is clearly made out against the applicant and other co-accused persons as is borne out from the recovery memo on record. It is further submitted by Sri S.K.Rai, learned A.G.A. Ist, that the applicant is a member of a crime syndicate which is involved in continuing unlawful activity including Cyber Crime, gambling, online gaming etc for monetary gains. It is also argued that an accused indulging in continuing unlawful activity may not have only criminal antecedetns and may not be charge-sheeted in more than one case in which cognizance has been taken yet can be prosecuted under this section for indulging in organized crime.

6. Shri V. P. Srivastava, learned Senior Counsel, in rejoinder, submits that Section 111 Bharatiya Nyaya Sanhita, 2023, which relates to organiz