Point of Law: Serious allegations against him of being involved in 5 cases apart from the present case under MCOCA Act and he being alleged to be an active member of the crime syndicate run by co-accused, Court not inclined to release him on interim bail

JUDGMENT :

TALWANT SINGH, J.

1. This is an application for interim bail for 15 days for medical treatment/surgery of petitioner’s wife. The petitioner is in custody in case FIR No. 10/2015 registered under Section 3 and 4 MCOCA Act, PS Special Cell, Lodhi Colony.

1.1 Charge sheet stands filed in this case.

1.2 It has been submitted that the wife of the petitioner, namely, Ms. Rita Shokeen is having an ailment for a long period of time but the same has aggravated in the last few days and the doctors are now suggesting a surgery to be performed. She is diagnosed with Menometrorrhagia due to which she is having abnormal Uterine bleeding, which can be cancerous and it has to be treated as soon as possible.

1.3 She is to be discharged after 3-4 days of surgery and the surgery to be conducted is diagnostic laparoscopy, Dilation and Curettage (D&C), cervical biopsy and IUCD insertion.

2. Notice was issued. Status report stands filed.

3. The medical documents have been verified from Fortis Hospital, Vasant Kunj, Delhi. As per the reply of the hospital, the patient had last visited the OPD on 29.09.2021. She was admitted for surgery on 13.03.2022 and discharged on 16.03.2022.

3.1 The surgery is minor/day care and after the surgery, the patient will be kept in day care unit.

3.2 In brief facts, it is mentioned that the present FIR was registered on 23.02.2015 against notorious gangster, Neeraj Sehrawat and his associates for running a crime syndicate by creating havoc in Delhi and other States by committing a series of sensational crimes.

3.3 During investigation, the role of the present petitioner surfaced as an active member and political face of the syndicate. He was arrested on 27.11.2016 in another case and on 01.12.2016, he was arrested in the present case after his interrogation and upon finding satisfactory grounds of arrest.

3.4 The petitioner is Mama of co-accused Pankaj Sehrawat and Neeraj Sehrawat alias Neeraj Bawania, who had financed the election campaign of the present petitioner. He is also stated to be involved in getting the sharp shooter of the gang, namely, Amit Malik alias Bhura forcibly released from the custody of Uttarakhand Police when he was taken to Baghpat, Uttar Pradesh on 15.12.2014, and arms and ammunitions were also looted from the Police officials. The gang had made all efforts to ensure victory of the petitioner’s wife, Ms. Rita Shokeen by spending huge amount of extortion money and by use of muscle power.

3.5 The petitioner is stated to be involved in land grabbing. He is also stated to be involved in 5 other cases. The petitioner is found to be providing harbour and other assistance to the syndicate members. On 26.09.2018, the petitioner had escaped from the custody of Police escort party from Safdarjung Hospital, New Delhi, for which FIR No. 242/2018 under Section 223/224 IPC, PS Safdarjung Enclave was registered and he was declared absconder by the learned Trial Court and he remained absconded for over 27 months.

3.6 The interim bail has been opposed on the ground that the petitioner is a high-risk criminal member of the syndicate, involved in sensational crimes, including gruesome and inimical murders, extortions, obstructing Government servants and committing crimes under Arms Act, etc. in Delhi and other States.

3.7 The petitioner wants to get interim bail on frivolous grounds of the surgery of his wife, which was not conducted when she was admitted on 13.03.2022. The surgery is minor/day care and after surgery, she will be kept in day care unit. The patient has not gone through biopsy till date, which is necessary for conducting the surgery and the patient has not visited the hospital for follow up since 16.03.2022.

3.8 Moreover, keeping in view the antecedents of the accused and the seriousness of the offences, the petitioner was allowed to meet his wife by granting him 6 hours of custody parole on 16.03.2022 on humanitarian ground but the petitioner did not avail it and his wife was also discharged from the