Regular bail under MCOCA granted where no live nexus or independent material linked the applicant to the alleged syndicate after 2016.

Regular bail under Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 was considered on broad probabilities and prima facie nexus with the alleged organised crime syndicate. The record did not show any public witness, call detail record, recovery of illegal wealth, or other independent material connecting the applicant with the syndicate after 2016, and his statement was treated as denying continued association with the main accused after that date. The arrest memo also recorded factors suggesting he was not dangerous, not generally armed, and unlikely to abscond or threaten witnesses. On that material, the applicant was held entitled to bail and regular bail was granted on terms.

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Issues: Whether the applicant made out a case for regular bail under Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 in the absence of material showing a live nexus with the alleged syndicate after 2016 and in light of the prosecution material relied upon.

Analysis: The application was considered on the basis of the alleged confessional statements, the applicant's limited involvement in two older FIRs, and the prosecution's claim that he was a member of an organised crime syndicate. The material on record did not show any public witness, CDR, recovery of illegal wealth, or other independent evidence connecting the applicant with the alleged syndicate after 2016. The applicant's own statement was treated as exculpatory to the extent that it denied continued association with the main accused after 2016. The Court also took note of the arrest memo, which recorded that he was not dangerous, not generally armed, not known to operate with accomplices, and not likely to abscond or threaten witnesses. Applying the governing approach under Section 21(4), the Court assessed the matter on broad probabilities and considered whether the prosecution material disclosed sufficient prima facie culpability and likelihood of reoffending under the Act.

Conclusion: The applicant satisfied the requirements of Section 21(4) and was held entitled to bail.

Final Conclusion: Regular bail was granted on terms, and the bail application was disposed of accordingly.

Ratio Decidendi: For bail under Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999, the Court must assess broad probabilities and prima facie nexus with the alleged organised crime, and where the record does not show a live connection, independent corroboration, or material indicating likely offending on bail, release may be granted.

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