* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18th March, 2025 Pronounced on:- 07^th April, 2025 + BAIL APPLN. 3348/2023 ARUN .....Petitioner Through: Mr. Arun Khatri, Ms. Poonam Rani, Ms. Shelly Dixit, Ms. Anoushka Bhalla, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP for the State with ACP Narender Singh, PS ACP/ NR-II, Crime Branch and SI Sachin, PS NR-II, Crime Branch CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J.:

1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973, [“CrPC”] read with Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999,, [“MCOCA”] seeking grant of regular bail in the proceedings arising from FIR No. 55/2016 dated 19^th April, 2016 registered at P.S. Crime Branch under Sections 3/4 of MCOCA.

Prosecution’s Case

2. The factual background leading to the filing of the FIR, as per the Prosecution 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 Signature Not Verified

Digitally Signed

BAIL APPLN. 3348/2023 Page 1 of 18 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 is an active gang member of the Manoj Morkheri syndicate. He is accused of playing a direct role in multiple offences, including those involving murder, attempt to murder, kidnapping for ransom, and extortion, across different jurisdictions. His arrest in the present case led to his being committed to trial before the Court of the Additional Signature Not Verified Digitally Signed BAIL APPLN. 3348/2023 Page 2 of 18 Sessions Judge, Rohini Courts, where the matter is presently at the stage of prosecution evidence.

2.4 The Applicant has a serious criminal history, including his conviction for murder in FIR No. 215/2010 registered at P.S. Bahadurgarh, Haryana, under Sections 302/307 IPC read with Section 25 of the Arms Act, for which he has been sentenced to life imprisonment. He has also been named and arrested along with co-accused Manoj Morkheri in FIR No. 47/2011 at P.S. Dhaula Kuan under Sections 364A/120B/34 IPC, and in FIR No. 158/2012 at P.S. Kundli under Sections 386/506 IPC. In light of this record, the Applicant is a habitual and hardened criminal.

FACTS AND CONTENTIONS OF THE APPLICANT

3. Mr. Arun Khatri, counsel for the Applicant, urges the following grounds for seeking grant of bail:

3.1 Long Period of Custody and Delay in Trial: The Applicant was arrested on 2^nd June, 2016, and has already been in custody since then