Prima facie evidence, including witness identification and CCTV footage, can be crucial in determining the involvement of an individual in an organised crime syndicate.

JUDGMENT

1. By this application, the Applicant-accused No. 5 is seeking bail. The Applicant along with co-accused has been chargesheeted in MCOC Case No. 689 of 2020 arising out of Crime No. 201 of 2020 registered with Police Station Haveli, District Pune, for the offence punishable under Sec. 307, 385, 384, 143, 147, 148, 149, 506 of IPC and Sec. 3 and 25 of the Arms Act.

2. The aforesaid crime is registered on the basis of the complaint lodged by Raju Sonawane on 18/5/2020. According to the first informant on 17/5/2020 at about 8.30 p.m., when he along with his family members and his friend Nikhil alias Khandu Chavan were at his house, three unidentified persons in the age group of 25 to 30 years came there. One of those persons handed over the phone to the informant saying that it is a call from "Bhai". On taking the call, the informant noticed that it was one Chetan Limhan alias Mama (who according to the prosecution is the gang leader). Chetan Limhan accosted the informant, as to why he has not sent money and made a demand of Rs.50,000.00, failing which threatening the informant to be killed. The informant told about the incident to his brother Rambhau Sonawane, who is his neighbourer. Subsequently, at about 10.30 p.m. to 10.45 p.m., in the same evening, five persons came to the house of the informant, which included the three unidentified persons who had come earlier. Two out of them were having pistols. They asked the informant to come out. The informant apprehending threat to his life, switched off the lights in the house and kept inside the house. It is the material allegation that those persons thereafter, fired on the door and the windows of the house of the informant. Hearing the commotion, the brother of the informant and other neighbourers came out, when those five persons fled from the spot. The informant after switching on the lights found that his friend Nikhil was lying in a pool of blood. He was carried to the hospital and it was found that a bullet was lodged in his head. Nikhil however could be saved because of treatment. On the basis of such complaint, the offence came to be registered.

3. Initially a crime under Sec. 307 and relevant Sec. for rioting and extortion were registered and subsequently, the provisions of the Maharashtra Control of Organised Crime Act, 1999 ("MCOC Act" for short) came to be added. In this case after investigation, a chargesheet is filed.

4. I have heard the learned counsel for the Applicant and the learned APP. Perused record.

5. It is submitted by the learned counsel for the Applicant that the Applicant has been falsely implicated. It is submitted that the Applicant was arrested on 28/5/2020 and Test Identification Parade (TI Parade) was held belatedly on 18/9/2020. The learned counsel pointed out that one of the identifying witnesses namely Dattatray Mate was shown CCTV footage of the incident prior to TI Parade. In the submission of the learned counsel, the alleged identification in the TI Parade looses any significance on account of the delay in conduction of the said TI Parade and also on account of the fact that one of the identifying witnesses had an opportunity to see the CCTV footage. It is submitted that there are no criminal antecedents against the Applicant and no common offences between the members of the organised crime syndicate. He, therefore, submitted that the Applicant cannot be said to be a member of the organised crime syndicate. The learned counsel pointed out that confessional statement of the co- accused Yogesh Kamble does not name the present Applicant. He submitted that the investigation is complete and the chargesheet is filed and the further detention of the Applicant is not warranted.

6. The learned APP has submitted that the offence is serious in which the Applicant and co-accused as members of the organised crime syndicate had fired at the house of the informant, injuring Nikhil Chavan. It is submitted that there are eye witnesses to the incident a