TaxTMI 
TaxTMI 
2025 (4) TMI 1828
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....04.2022 in BAIL APPLN. 348/2022. 3. The aforesaid FIR was registered against the accused(s) Deepak Dabas @ Teetar and his associates namely, Pradeep, Surajpal @ Bhagta, Ajay Dabas, Pankaj @ Maharaj, Raj Kumar and the present applicant. 4. On 23.02.2022, after the investigation, chargesheet has been filed and the present applicant has been charged for the offences punishable under Sections 3(1)(i)/3(2)/3(4) of the MCOCA. 5. The case of the prosecution is that the present applicant alongwith the co-accused Deepak Dabas @ Teetar (the kingpin) and other associates had formed an interstate gang for gaining pecuniary benefits or undue economic alongwith other advantages for themselves and for their leader, i.e., Deepak Dabas @ Teetar. It is stated that the present applicant was involved in 5 cases of attempt to murder and robbery as per the list annexed with the status report filed for the purpose of the present application. The present applicant was arrested on 07.10.2021. As per the chargesheet, during the period from 2012- 2020, the co-accused Deepak Dabas @ Teetar alongwith his associates including the present applicant were running an organised crime syndicate by indulging ....
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.... by him in furtherance of the activities of such crime syndicate. 9. Learned Senior Counsel further submitted that mens rea is a necessary ingredient for the offence of "organised crime" and the prosecution has not been able to establish the existence of the requisite mens rea. It is pointed out that in absence of any recovery of illegal wealth or seizure of any kind of property alleged to have been acquired by commission of such organised crime, the requisite mens rea for acting as a member on behalf of the alleged crime syndicate cannot be attributed to the present applicant. It is further pointed out that no specific role has been attributed to the applicant to establish that he was a member of the alleged crime syndicate or had acted in furtherance of the activities of such crime syndicate. It is further submitted that the prosecution has not placed on record any Call Detail Records (hereinafter referred to as 'CDR') showing any connectivity between the present applicant and the co-accused persons. There is no evidence on record to show that the applicant was in connection with the aforesaid co-accused persons with respect to operating a crime syndicate. It is further submit....
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....and Another [2024 SCC OnLine SC 1693] v. State vs. Brijesh Singh @ Arun Kumar and Another [2015 SCC OnLine Del 8776] vi. Manish Sisodia vs. Directorate of Enforcement6 [2024 SCC OnLine SC 3721] vii. Pinki Irani vs. Govt. of NCT of Delhi [2023 SCC OnLine Del 6722] viii. Chenna Boyanna Krishna Yadav vs. State of Maharashtra and Another [2006 SCC OnLine SC 1359] ix. Mohd. Tahir vs. State [2022 SCC OnLine Del 154] x. Jalaluddin Khan vs. Union of India [2024 SCC OnLine SC 1945] SUBMISSIONS ON BEHALF OF THE STATE 12. Per contra, learned APP for the State submits that the prosecution case against the present applicant is based on the confessional statement given by the co-accused Deepak Dabas @ Teetar and the present applicant under Section 18 of the MCOCA. It is submitted that in his statement given by the co-accused Deepak Dabas @ Teetar, he stated that he had met the present applicant in 2012 and he alongwith him and two other associates had tried to kidnap one businessman, however, their car got struck and they were all caught and an FIR bearing no. 110/2012 under Sections 365/392/34 of the IPC was registered against them at ....
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....h the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;" 14. It is submitted that the continuing nature of unlawful activities of the organised crime syndicate can be an object for obtaining advantage and thus pecuniary benefit is not an essential ingredient for commission of an organised crime. It is further submitted that acquittal of the present applicant in one of the cases would not be relevant for the purpose of deciding the present application. Reliance was placed on the decision of the Co-ordinate Bench of this Court in BAIL APPLN. 593/2024 dated 30.05.2024 in Dheerpal alias Kana vs. State Govt. of NCT of Delhi [2024:DHC:4461] . 15. Reliance is placed on the following judgments: i. Dheerpal alias Kana vs. State Govt. of NCT of Delhi [2024:DHC:4461] ii. Kavitha Lankesh vs. State of Karnataka and Others [(2022) 12 SCC 753] iii. State of Maharashtra vs. Jagan GagansinghNepali @ Jagya and Another [2011 SCC OnLine Bom 1049] iv. Abhishek vs. State of Maharashtra and Others [(2022) 8 SCC 282] ANALYSIS AND FINDINGS 16. The present applicant ha....
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....cts that 3 FIRs bearing nos. i) 69/2019 dated 01.03.2019 under Sections 302/120B of the IPC and 25/27 of the Arms Act registered at PS Begumpur, ii) 09/2020 dated 08.01.2020 under Sections 302/34/120B of the IPC and 25/27 of the Arms Act registered at PS Kanjhawala, iii) 67/2020 dated 20.02.2020 under Sections 302/120B of the IPC and 25/27 of the Arms Act, registered at PS Kanjhawala; were registered against the co-accused Deepak Dabas @ Teetar while he was in custody. The registration of the aforesaid FIRs seems to be the most proximate cause for registration of the present FIR under the MCOCA. Even in the chargesheet, it is alleged that the aforesaid the accused Deepak Dabas @ Teetar along with his associates are continuously indulging in unlawful activities after forming an organised crime syndicate, and operating from inside Tihar. The relevant portions of the chargesheet read as under: "31. That during course of investigation, complainants of cases and victims of criminal acts done by accused Deepak Dabas@ Teetar and his organized crime syndicate were examined and their statements were recorded U/S 161 Cr PC. From the statement of witnesses recorded so far reveals tha....
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....committed a total number of 13 cases like Murder, Attempt to Murder, Robberies, Extortion, Thefts Arms Act etc. and 11 cases with other associates. It is established facts that the members of this crime syndicate were found committing organized crime with the objective of gaining pecuniary benefits and other advantages between societies, businessmen, as well as gang supremacy with other crime syndicates which is proved by their modus operandi which is evident to indicate that he was taken pecuniary gain or advantage during lodged in jail. That on perusal of criminal record mentioned above, it is established that the accused Deepak Dabas @ Teetar is a hard core criminal as well as good executive of plan settled by his gang members as mostly incidents of robbery & murders committed on the broad day light when victim/complainant were present in their shops as well as their work place which is evident to indicate that he was taken pecuniary gain or advantage. That accused is good manipulator & manager which is proved by his long criminal history as well as his modus operandi. From his criminal record, it is established that he is operating his crime syndicate from inside the j....
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.... concerned department to know about his illegal means of money/assets. *** *** *** EVIDENCES AGAINST ACCUSED ASHISH@ DEVA:- It is established fact that accused Ashish @ Deva has criminal history since year-2012 and he is involved in 05 cases like Attempt to Kidnapping, Robberies, Extortion, Arms Act etc. which is self explanatory about his criminal record to prove that he committing crime in organized manners. That on perusal of criminal record it is established that accused Ashish @ Deva along with members of his present crime syndicate has committed a total number of 02 cases and 03 cases with other associates. It is established fact that the members of this crime syndicate were found committing organized crime with the objective of gaining pecuniary benefits and other advantages between societies, businessmen, as well as to gain gang supremacy in the locality which is proved by their modus operandi which is evident to indicate that he is taking pecuniary gain or advantage. That on perusal of criminal record mentioned above, it is also established that the accused Ashish @ Deva is a hard core criminal as well as good executive of plan settled b....
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.... IPC. They remained continuously engaged in criminal activities of Murder, Extortion, Satta/gambling and land grabbing. Hence, it is necessary to invoke MCOC Act against them. Section 2 (i) (e) of the Act defines the expression "Organized Crime'' to mean any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate of 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. All the essentials of the definitions of expression "Organized Crime" as per section 2 (i) (e) are fulfilled by the activities of gangster Deepak Dabas @ Teetar and his associates. Gangster Deepak Dabas@ Teetar and his associates are involved in extortion, Satta, land-grabbing and committing even number of murders to fulfil their objectives. Clause (f) of the section 2 (i) defines "Organized Crime Syndicate" to mean a group of two or more persons who acting either singly, collectively, as a syndicate or gang indulge in activities of O....
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....352; बच निकला है) : NO (c) Is generally armed (आमतौर पर शास्त्र रखता है) : NO (d) Operates with accomplices (सहयोगियों सहित क्रियाशील है) : NO (e) Is known/listed criminal (जात/सूचीबद्ध अपराधी है) : NO (f) is recidivist (अपराध व्यसनी है) : NO (g) Is likely to jump bail (जमानत के दौरान बच निकलने की सम्भावना है) : NO (h) If released on bail, likely to commit crime or threaten victims/witnesses: जमानत ....
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....mself for a period preceding the registration of FIR for nearly 5 years, the same cannot be ignored for the purposes of present application seeking bail, which has to be determined in terms of Section 21(4) of the MOCOCA which provides as under: "Modified application of certain provisions of the Code- (4) Notwithstanding anything contained in the Code, 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." 22. Hon'ble Supreme Court in Ranjitsing Brahmajeetsing Sharma (supra) observed and held as under: "38. We are furthermore of the opinion that the restrictions on the power of the court to grant bail should not be pushed too far. If the court, having regard to the materials brought on record, is satisfied that in all probability he ma....
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....ke the present one, not only culpability or mens rea of the accused should be prima facie established, the court must also consider the question as to whether the circumstantial evidence is such whereby all the links in the chain are complete. 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 has not committed an offence under the Act. If such a construction is placed, the court intending to grant bail must arrive at a finding that the applicant has not committed such an offence. In such an event, it will be impossible for the prosecution to obtain a judgment of conviction of the applicant. Such cannot be the intention of the legislature. Section 21(4) of MCOCA, therefore, must be construed reasonably. It must be so construed that the court is able to maintain a delicate balance between a judgment of acquittal and conviction and an order granting bail much before commencement of trial. Similarly, the court will be required to record a finding as to the possibility of his committing a crime after grant of bail. However, such an offence in futuro must be an offence un....
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....a, Ajay Dabas, Pankaj @ Maharaj, Raj Kumar, name of the present applicant does not find any mention. It is also pertinent to note that the present applicant was released on bail in 2018 and was arrested in this case on 08.10.2021. No material by way of any ocular or other evidence to show that the applicant was in any manner in contact with the main accused Deepak Dabas @ Teetar who was admittedly in judicial custody since 2016. Apart from the applicant's involvement in the two FIRs mentioned in the chargesheet, i.e., FIR No. 110/2012 under Sections 365/392/34 of the IPC, registered at P.S. South Rohini and FIR no. 217/2016 under Sections 186/353/307/34 of the IPC and 25/27/54/59 of the Arms Act, registered at PS Beahumpur; there is no other evidence of any public witness or otherwise to show that the appellant was involved in the illegal activities of the alleged crime syndicate headed by the co-accused Deepak Dabas @ Teetar post 2016. 24. The apprehension memo placed on record by the prosecution further demonstrates that the applicant is neither shown to be dangerous nor he is generally armed or operates with his accomplices. It is also stated that he has not jumped bail and i....