Restrictive bail under MCOCA requires reasonable grounds of innocence and no risk of further offence; bail was set aside.

Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 imposes a restrictive bail standard requiring the Court to be satisfied on reasonable grounds that the accused is not guilty and is not likely to commit any offence while on bail. "Reasonable grounds" means more than a mere prima facie view, and the material here showed association with an organised crime syndicate, handling of syndicate funds, receipt and transfer of illicit money, and circumstances indicating abetment and membership-related involvement. On that basis, the grant of bail was unsustainable and was set aside.

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Issues: Whether bail could be granted under Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 when the materials prima facie showed the accused's association with an organised crime syndicate, handling of syndicate funds, and participation in the alleged offence.

Analysis: The restrictive bail regime under Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 requires the Court to be satisfied, on reasonable grounds, that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The expression "reasonable grounds" signifies more than a mere prima facie view. On the materials, there was evidence of the accused's association with the wanted accused, handling of money for the syndicate, receipt and transfer of illicit funds, and circumstances indicating abetment and membership-related involvement. In a prosecution under a special statute, these mandatory conditions cannot be ignored while considering bail.

Conclusion: Bail ought not to have been granted. The order granting bail was unsustainable and was set aside.

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