Involvement in organized crime can lead to rejection of bail under MCOCA despite lack of direct assault evidence.

CORAM : AMIT BORKAR, J.

DATED : JULY 29, 2025 P.C.:

1. By way of the present bail applications filed under Section 4 39 of the Code of Criminal Procedure, 1973 , the applicant is seeking his release on regular bail in connection with Crime Register No. 89 of 2021 registered with D.C.B./C.I.D. Unit 7, Mumbai Police Station. The said offence is registered for the offences punishable under Sections 3 02 (murder), 326 (causing grievous hurt by dangerous weapons), 342 (wrongful confinement), 144 (unlawful assembly), 148 (rioting armed with deadly weapon), 149 (offence committed by members of unlawful assembly), 506 (criminal intimidation), 120-B (criminal conspiracy) read with Section 3 4 (common intention) of the Indian Penal Code, 1860 . In addition, the applicant has also been booked under Sections 3 7(1)(a) and 135 of the Maharashtra Police Act, 1951 and Sections 3 , 4 and 25 of the Arms Act, 1959 . The stringent provisions of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as ‘MCOCA’) have also been invoked, particularly Sections 3 (1)(i), 3(2), and 3(4) thereof. 2. The brief facts of the prosecution case, as can be gathered from the First Information Report and the statements of the witnesses, are as follows: That on 3rd October 2021, the informant, after completing his work for the day, went to a Chinese eatery operated by the deceased, namely Suraj Mehra @ Nepali, at around 7:30 p.m. At that time, the deceased, the complainant, and two of their friends were present at the said eatery. They wrapped up their operations by around 10:00 p.m., and subsequently, the complainant, the deceased, and others including hotel staff cleaned the premises, which continued until around 1:00 a.m. on

4th October 2021.

3. According to the prosecution, at around 12:30 a.m. on 4th October 2021, a phone call was received from one Rahul @ Rahulya Vilas Jadhav to place an order for food. However, since the kitchen of the hotel was closed, the order was declined. Thereafter, at around 2:00 a.m., after settling the daily accounts, the deceased, the complainant and two of their friends left the hotel to go home. While the deceased and the complainant proceeded together along with one of the friends, the friend parted ways on reaching the parking area of Sachin Dhananjay Kulkarni @ Chingya, and proceeded to his house, while the complainant and the deceased continued walking towards their own respective residences.

4. At about 2:20 a.m., when the complainant and the deceased reached near Komal Yadav Chawl, they were suddenly intercepted by two persons, namely Sachin Dhananjay Kulkarni @ Chingya and Piyush Priyadarshan Naik (one of the present applicant). At that moment, Umesh Bharat Kadam came running with a sword in his hand and tried to assault the deceased. The complainant and the deceased attempted to save themselves from the said attack by grabbing Umesh Bharat Kadam. However, other accused persons, namely Sushil @ Sada @ Jayaram Sadanand Sawant and Rahul @ Rahulya Jadhav, arrived at the spot and launched a further assault using choppers.

5. It is further alleged by the prosecution that during the scuffle, Sushil @ Sada @ Jayaram Sadanand Sawant attacked the complainant with a chopper and dragged him towards an open land and threatened him to leave the area. Out of fear, the complainant moved away. However, when he looked back in search of the deceased, he saw that both Sushil @ Sada @ Jayaram Sadanand Sawant and Rahul @ Rahulya Jadhav were attacking the deceased Suraj Mehra @ Nepali. While trying to escape and defend hims