Prolonged detention without trial must be balanced against stringent bail conditions, recognizing the fundamental right to a speedy trial.

JUDGMENT :

SANJEEV NARULA, J.

1. The present bail application filed under Sections 483 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [“BNSS”] seeks grant of regular bail in proceedings emanating from case FIR No. 55/2016 dated 19^th April, 2016, registered at P.S. Crime Branch, under Sections 3/4 of the Maharashtra Control of Organized Crime Act, 1999, [“MCOCA”]. Subsequently, by a supplementary chargesheet dated 7^th December, 2017, the Applicant has been implicated under Sections 3(1)/3(2)/3(3)/3(4)/3(5) of MCOCA.

CASE OF PROSECUTION

2. The factual background leading to the filing of the present application is summarised as follows:

2.1. The aforementioned case was registered against one Manoj @ Morkheri and his associates, part of a structured and well-organised criminal syndicate, operating primarily in Delhi NCR and adjoining states. The syndicate is stated to be involved in a series of grave offences, including murder, kidnapping for ransom, extortion, robbery, and attempt to murder, which are committed through acts of violence, intimidation, and other unlawful means. These offences were carried out with the objective of deriving pecuniary benefit and securing undue economic advantage. The gang’s sustained criminal activities have instilled fear in the region. The members of this syndicate, acting either individually or in concert, operate as part of, or on behalf of, an organised crime network.

2.2. The impugned FIR was registered following a proposal for approval to invoke the provisions of MCOCA under Section 23(1)(a) of the Act in light of the consistent and continuing criminal activities of the syndicate. Manoj Morkheri, acting in concert with his associates, is engaged in organised criminal activity within the meaning of Section 2(1)(e) of MCOCA, primarily for pecuniary gain. They constitute an organised crime syndicate as defined under Section 2(1)(f) of the Act. Their continued engagement in criminal conduct has resulted in accumulation of considerable illicit assets, both movable and immovable, which have been derived from the proceeds of crime. The network allegedly functions with a high degree of coordination and exerts influence through sustained patterns of criminal conduct.

2.3. The Applicant was absconding to evade arrest in the present case, leading to the issuance of Non-Bailable Warrants against him on 5^th December, 2016. Meanwhile, he was apprehended in connection with FIR No. 28/2017, P.S. Barwala, Hissar, Haryana. Subsequently, he was arrested in the present case on 16^th June, 2017, following which he was committed totrial before the Court of the Additional Sessions Judge, Rohini Courts, where the matter is presently at the stage of prosecution evidence.

2.4. During investigation, the Applicant volunteered to make a confession and was accordingly produced before the competent authority. Pursuant thereto, his confessional statement under Section 18(1) of the MCOCA was recorded on 21^st June, 2017, wherein he admitted to his involvement in the alleged syndicate. Similarly, other co-accused persons, whose confessions were also recorded, confirmed the Applicant’s involvement in the crime syndicate.

2.5. The Applicant is an active gang member of the crime syndicate. He is accused of playing a direct role in multiple offences, including those involving murder, kidnapping for ransom, robberies and extending threats, criminal