TaxTMI 
TaxTMI 
2025 (9) TMI 1812
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....o evidence to show that he was involved in organized crime, as alleged by the Prosecution. 3. He has been implicated falsely in FIR No. 83/2018 under Section 302/307/120B Indian Penal Code, 1860 (hereinafter referred to as "IPC"), Police Station Maurya Enclave which was registered on 16.03.2018. On the basis of the said FIR, the provisions of MCOCA have been wrongly invoked for registration of present FIR by wrongly portraying that the Applicant is a member of organized crime. He has already been granted Regular Bail in the said FIR No. 83/2018. While granting Bail, the Ld. Court had observed that out of 61 witnesses, only 19 witnesses had been examined. The trial is likely to take long to get concluded. 4. The Applicant had been granted Interim Bail by this Court and the Ld. Trial Court vide Order dated 19.06.2024, 21.11.2024 and 10.11.2024 respectively on the ground of medical condition of wife of the Applicant. He complied with the conditions imposed and surrendered before the concerned Jail Authority on time. There was no misuse of liberty of the Interim Orders granted to him. 5. The Applicant's father Vijender Kumar had been diagnosed with severe heart condition a....
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....ms Act, 1959, P.S. K.N. Katju Marg, he has been on Regular Bail from the onset and based on the testimony of the witnesses, no substantial role has been attributed to him and he is likely to be acquitted. 12. No recovery of any movable or immovable has been made from the Applicant in any of the cases. The Police was unable to link the Applicant directly in the present FIR. 13. He is also apprehensive of danger to his life in Jail for which an Application for grant of protection and security has been filed before the Ld. ASJ, Rohini Court. The Ld. Court vide Order dated 08.01.2025 has issued directions to the Jail Superintendent to ensure the security of the Applicant in Jail and to conduct an appropriate inquiry. 14. The role of the Applicant as delineated by the I.O in the Chargesheet, in minimal. It is claimed that he has been erroneously cited as an Accused even in matters where his name is not even mentioned. The investigatory lapse, replete with errors and manifest lack of proper application of mind, indicates an ulterior motive on the part of the Police Officials to frame him with trumped-up charges with the sole intent of associating him with alleged organized crime....
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.....e., Applicant who had executed several heinous crimes on the direction of gang leader Sunil @ Tillu, was arrested in this case on 24.08.2020. In all, six accused persons namely Sunil @ Tillu, Amit @ Danbang, Sandeep @ Dhillu, Sonu @ Himmat, Applicant and Jitender @ Alloo were arrested. After completion of investigations, Chargesheet and three supplementary Chargesheets have already been filed before the Trial Court. 22. It is stated that the Applicant is having a key role and is an active member of organized crime syndicate of Sunil @ Tillu gang who have been involved in murder and other heinous crimes. During his absconding period, he along with his associates, was continuously involved in several murders and extortion cases on the direction of gang leader and have eliminated his rival gang members in public places leading to increased terror and fear of this Organized Crime Syndicate, in Delhi and NCR. He is a hardcore and notorious criminal of the Gang. These facts are clearly established from four involvements with gang leaders and gang members, which are as under: S. No. FIR BRIEF FACTS ARRESTED ACCUSED STATUS 1 193/2015 U/S 302/30....
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....lu and other accused were convicted and punished with imprisonment for life in the aforesaid case. After pronouncement of sentence by Ld. ASJ in this matter, co-accused Sunil and Sonu @ Himmat had sent their sharp shooters to kill witness and his relatives who had deposed against him. In this regard, FIR No. 463/2020 under Section 307/34/120B IPC P.S. Alipur was registered. 25. It is also submitted that more than 10 public persons have lost their lives in gang rivalry between Tillu gang and Gogi gang. Other arrested gang members i.e. Sonu, Sandeep, Amit and his associates are still operating this gang from inside the Jail and are continuously involved in executing several murders on the direction of key members of the gang. The details of the FIRs in which the Applicant is accused are as follows: S.NO. DETAIL OF FIRs STATUS 1. 193/2015 U/s 302/307/34 IPC 25/27 Arms Act PS Alipur, Delhi. Acquitted 2. 466/15 U/s 302/365 PS Murthal, Sonepat, Haryana Convicted 3. 41/2016 U/s 307/34 and 25/27/54/59 Arms Act PS K.N. Katju Marg Pending Trial 4. 55/2016 U/s 25 Arms Act PS K.N. Katju Marg Pending Trial 5. 83/2018 U/s 302/307/120B PS Maur....
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....e, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond, unless - (a) the Public Prosecutor has been given an opportunity to oppose the application of such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. ... " 32. This section which is couched in negative, provides that for being entitled to bail, twin conditions have to be satisfied; firstly, a finding by the Court that it is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and secondly, that he is not likely to commit any offence while on Bail. 33. The Apex Court in Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra, (2005) 5 SCC 294, has in detailed analysed the twin conditions provided under Section 21(4) MCOCA as under: 44. The wording of Section 21(4), in our opinion, does not lead to the conclusion that the court must arrive at a positive finding that the applicant for bail ha....
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....t to first refer to the definitions of the terms 'continuing unlawful activity', 'organized crime' and 'organized crime syndicate', which are defined as under : "2(d) "continuing unlawful activity" means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge- sheets have been filed before a Competent Court within the preceding period of ten years and that Court has taken cognizance of such offence; 2(e) "organised crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency; 2(f) "organised crime syndicate" means a group of two or more persons who, act....
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....or invoking C. It has been vehemently submitted by the Learned Prosecutor that most of these cases against the Applicant and other gang members ended in acquittal because the witnesses are not willing to come forth to give testimony in the Court out of fear and threat which is continuously extended to the witnesses. This aspect is also evident from the fact that conspicuously the requirement under MCOCA is of taking cognizance and does not talk about the conviction/ acquittal. 39. The propensity to commit crime and to silence the witnesses is corroborated by FIR No.466/2015 which was registered against the Applicant and the other gang members along with Sunil @ Tillu, for murder of one Niranjan @ Master who was the witness in case FIR No.193/2015 P.S. Alipur, Delhi. 40. From the aforesaid circumstances, it is evident on the face of it, there is sufficient material to show the complicity of the Applicant in the serious organized crimes being a member of the Organised Crime Syndicate. The Applicant has failed to satisfy the twin test as laid down under Section 21(4) MCOCA for the grant of Bail. Delay in trial: 41. The main gravamen of the contention of the Applicant is th....
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....rmined upon a consideration on the merits of the case. Such factors are only ancillary in nature and cannot be viewed in isolation for considering bail under Section 43D(5) of UAPA. 47. The Constitution Bench in Kartar Singh vs. State of Punjab (1994) 3 SCC 569 dealing with similar provision under Section 20 TADA Act, it was observed that despite this provision under Section 20, call of Article 21 as the right to speedy trial may even require in some cases quashing of the criminal proceedings altogether, as has also been held by the Constitution Bench in A.R. Antulay vs. R.S. Nayak (1992) 1 SCC 225. Right of release on bail must be taken as embedded in the right of speedy trial under Article 21. While some amount of deprivation of personal liberty cannot be avoided in such cases, but if the period of deprivation pending trial would become unduly long, the fairness assured by Article 21 would receive a jolt. 48. The provision of law which curtails the right of the accused to secure bail and correspondingly fetter judicial discretion, has been upheld by the Apex Court in the case of Mohd. Muslim (supra) as conflating two competing values i.e. the right of the accused to enjoy f....