J U D G M E N T

1. This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’), praying for the applicant to be released on bail in FIR No. 531/2015 registered at Police Station: Najafgarh, South-West, Delhi for offence under Section 3 of the Maharashtra Control of Organised Crime Act, 1999 (in short, ‘MCOCA’) as extended to the National Capital Territory of Delhi (Section 4 of the MCOCA was later added in the chargesheet).

Case of the prosecution and factual background:

2. It is the case of the prosecution that the above FIR was registered on 03.07.2015 against Vikas Gulia @ Vikas Langarpuria and his associates after taking requisite sanction from the Competent Authority as provided under Section 23(1)(a) of the MCOCA.

3. It is stated that Vikas Gulia @ Vikas Langarpuria is involved in as many as 18 criminal cases ranging from murder, attempt to murder, extortion, robbery, house trespass, and criminal intimidation, amongst others, registered at various Police Stations across Delhi and Haryana, thereby making him a hardcore criminal. It is stated that Vikas Gulia @ Vikas Langarpuria is attempting to establish his supremacy in the area and is the leader of the ‘Vikas Langarpuria Gang’. It is stated that Vikas Gulia @ Vikas Langarpuria, along with his associates, runs an organized crime syndicate and in furtherance of their common object, undertakes activities that are terrorizing the society at large.

4. It is alleged that Vikas Gulia @ Vikas Langarpuria along with his other associates, including the applicant/accused herein, have, on multiple occasions, shot dead, injured, and intimidated individuals so as to gain pecuniary benefits, through which he has amassed assets running into crores in Delhi and Haryana. It is stated that the Courts of various jurisdictions have taken cognizance of offence against him in the last ten years, but due to the nature of his work and fear embroiled in the minds of people, no witness has come forward to depose against him and some have not even reported his criminal activities.

5. The applicant/accused is stated to be an associate and member of the ‘Vikas Langarpuria Gang’ and is stated to be the right-hand aide of Vikas Gulia @ Vikas Langarpuria.

6. It is further alleged that during the course of investigation, it has come to light that Vikas Gulia @ Vikas Langarpuria was involved in eighteen cases, (Murder-three, Attempt to murder of a public servant- two, Attempt to murder-one, Attempt to murder for extortion-one, Robbery-five, Abduction cum robbery-one, Extortion-three, and Arms Act-two), out of which, the applicant/accused is involved in ten cases (Murder-two, Attempt to murder-one, Attempt to murder for extortion-one, Kidnapping for ransom-one, Violation of Prison Act, 1894-three, Disobeying orders of Public Servant & Violating model code of conduct- one, Causing grievous hurt-one).

7. It is further alleged that from a reading of the statements of previous complainants, witnesses, and Investigating Officers given under Section 161 of the Cr.P.C., it has been found that Vikas Gulia @ Vikas Langarpuria, is involved in a case of land grabbing, wherein through an associate, Vikas Gulia @ Vikas Langarpuria had forged documents and tried to grab a plot of land in Village Tikri Kalan. It was in this case that he was arrested on 16.07.2015 and sent to five days of remand in Police Custody. He is stated to have sustained interrogation, while refusing to make a confessional statement.

8. It is stated that Vikas Gulia @ Vikas Langarpuria and the applicant/accused used to lend money and demand the return of the same at an interest of 10% per month, failing which they would pressurize the said individuals to sell their plots/land to clear such loan. It is stated that two witnesses, Priyawarat @ Preet and Karambir were pressurized by the above-mentioned persons, wherein Priyawarat @ Preet was made to pay rupees thirty-five lacs, who stood guarantor for Karam