Insufficient prima facie evidence to link the applicant to organized crime syndicate warrants bail under MCOCA's stringent conditions.

JUDGMENT:-

1. By this Application, the Applicant seeks his enlargement on bail in connection with C.R. No. 589 of 2024 dated 13th October 2024 registered with the Nirmalnagar Police Station, Brihanmumbai City, for the offences punishable under Sections 103 (1), 109, 125 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ' BNS ') and Section 3 , 5, 25 and 27 of the Arms Act, 1959 and Sections 37 and 135 of the Maharashtra Police Act, 1951 . Thereafter, the provisions of (1)(i)(ii), 3(2), 3(3), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOCA’) were added.

2. The offence relates to the murder of one Ziauddin Abdul Rahim Siddiqui @ Baba Siddiqui, former Minister in the State of Maharashtra.

3. The facts as discerned from the FIR are as follows:

i) The First Informant is a police constable attached to the Special Protection Unit of the Mumbai Police, entrusted with the personal security protection of one Ziauddin Abdul Rahim Siddiqui @ Baba Siddiqui, a former Minister, State of Maharashtra. There were other police officials deputed as bodyguards to provide security to Baba Siddiqui.

ii) On 12th October 2024, while the First Informant was on security duty, Baba Siddiqui visited his son's office at premise No.14, Building No.35, Khernagar, Nirmalnagar, Bandra (E), Mumbai. At about 09:30 pm., three unknown persons opened fire on him, while he was proceeding towards his car. Baba Siddiqui succumbed to his injuries and several persons present at the spot also sustained injuries. Accordingly, on the Complainant's detailed statement, FIR came to be registered.

iii) The two assailants, namely Accused No.1 and 2 - Gurmail Baljit Singh and Dharmaraj Radhe Kashyap respectively, were apprehended while they were fleeing from the spot. Upon their body search, firearms, live cartridges and other material was seized from them. Consequently, they were arrested on 13th October 2024.

iv) During the investigation, perusal of the crime record indicated that one Anmol Bishnoi, the gang leader, committed serious offences such as robbery, extortion, dacoity, murder, attempt to murder, using lethal firearms, recruiting youth and raising funds to carry out unlawful activities in various states. According to the Investigating Agency, an Organised Crime Syndicate, headed by wanted accused and gang leader, Anmol Bishnoi, was found to be indulging continuously in unlawful activities. Competent Courts of law had previously taken cognizance of two charge-sheets under the provisions of MCOCA, against said Anmol Bishnoi along with his brother Lawrence Bishnoi and other associates. Hence, approval was granted by the Joint Commissioner of Police under Section 23(1) of the MCOCA dated 29th November 2024 to add charges of MCOCA in the present case. Thereafter, the Special Commissioner of Police, Mumbai, also granted sanction under Section 23(2) of the Act dated 2nd January 2025. The charge- sheet was filed before the Special MCOCA Court, Mumbai.

v) Upon further inquiries and investigation in the case, involvement of 27 persons was revealed. One of them is the present Applicant, arraigned as Accused No.24. All the accused are in custody.

4. The Applicant made an application seeking bail before the Additional Sessions Judge and Special Judge under the MCOCA, however, by order dated 19th July 2025, the said application was rejected. Hence, the Applicant has filed the present Bail Application for the relief as prayed.

5. Mr. Abhishek Yende, learned counsel for the Applicant, submitted as follows:

i) The Applicant is falsely implicated in the crime.

ii) There is no incriminating mater