IMPORTANT POINT
Anticipatory bail cannot be granted where applicant is absconding and his custodial interrogation is absolutely necessary.

JUDGMENT

The applicant is seeking anticipatory bail in connection with C.R.No.302 of 2023, registered at Upnagar police station, Nashik city, on 25.07.2023. The F.I.R. was lodged U/s.307, 323, 395, 504, 506 and 427 of the I.P.C., Sections 4 and 25 of the Arms Act and U/s.135 of the Maharashtra Police Act. Subsequently, the provisions of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOC Act’) were applied on 29.07.2023 and the prior approval for investigation under the MCOC Act was given in respect of Section 3(1)(ii), 3(2), 3(4) and 3(5) of the MCOC Act.

2. Heard Shri. Bhushan Deshmukh, learned counsel for the applicant and Ms. Sharmila Kaushik, learned APP for the State.

3. The F.I.R. is lodged by the first informant on 25.07.2023 in respect of the incident which had taken place around midnight between 24.07.2023 to 25.07.2023. The informant was having a four wheeler and he used to park it in front of his house. On 24.07.2023, at around 11.30p.m. to 11.50p.m. the informant returned from his office. He was about to park his car in front of his house. Suddenly, 10 persons came on four motorcycles. They asked the informant to get down. One of them told him that, he was Bashibhai and slapped him. He was wielding a sharp weapon. He told the informant to give money. The informant refused. He tried to run away. Bashibhai told his companion named Rohan and Satyam to finish him. As the informant was trying to run away, one of them caught him. Rs.2200/- were removed from his pocket at the point of a sharp weapon. They threatened him and told him not to inform the police about Bashibhai’s gang. Bashibhai tried to give a blow with the weapon on the informant’s head. He evaded that blow and somehow rescued himself. Bashibhai and Roshan broke windscreen of the informant’s car. Because of the commotion, the people in the locality gathered there. The accused threatened them and went away. While going away, they damaged other cars. The F.I.R. mentions six cars which were damaged. The first informant was told by others in the locality regarding names of the accused. One of the accused was the present applicant. On this basis the F.I.R. was lodged.

4. Learned counsel for the applicant submitted that the F.I.R. does not describe the applicant’s presence at all. There is no role attributed to him. The F.I.R. is based on the information supplied to the informant by the others. The applicant is a young student. He is 20 years of age. He is falsely implicated. He submitted that, though there is bar U/s.21(3) of the MCOC Act to grant anticipatory bail, depending on the facts, if the offence under MCOC Act is not made out, then anticipatory bail can be granted. In support of his contention, he relied on the order passed by a single Judge bench of this Court on 11.12.2015 in Anticipatory Bail Application No.1642 of 2015. Learned counsel submitted that, this is the only charge-sheet filed against the present applicant and, therefore, requirement of more than two charge-sheets for application of MCOC Act is not fulfilled; so far as the present applicant is concerned.

5. Learned APP strongly opposed this application. She produced the investigation papers before me. She submitted that the offence under the MCOC Act is made out. The gang has created terror in the area. There is bar

U/s.21(3) of the MCOC Act for granting anticipatory bail. She relied on the statements of the other victims, as well as, the confessional statements recorded of two accused U/s.18 of the MCOC Act. Learned APP submitted that, there are more than two charge-sheets against the gang leader having punishment of more than three years; of which the cognizance is taken by the competent court.

6. I have considered these submissions. The prior approval U/s.23(1)(a) of the MCOC Act was granted on 29.07.2023 by the Special Inspector General of Police and Commissioner of Police, Nashik city. The approval mentions names of seven accused who were arrested and two accused who