JUDGMENT

SANJEEV NARULA, J.:

1. The present application under Section 439 of the Code of Criminal Procedure, 1973, (1 “CrPC”) seeks grant of regular bail in the proceedings arising from FIR No. 55/2016 dated 19th April, 2016, registered at P.S. Crime Branch under Sections 3(1)/3(4)/3(5) of the Maharashtra Control of Organised Crime Act, 1999, (2 “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

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 robbery, across different jurisdictions. His arrest in the present case led to his being committed to trial before the Court of the Additional

Sessions Judge, Rohini Courts, where the matter is presently at the stage of prosecution evidence.

2.4 The Applicant has a criminal history. He has 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. 408/2010 at P.S. Narnaud under Sections 387/365/364A IPC. Further, after arrest in the impugned FIR under MCOCA, during judicial custody, the Applicant has been involved in FIR No. 477/2019 under Sections 387/34 IPC, P.S. Narela Delhi, in which he has been charge-sheeted, and the case is pending consideration before MM-01 North Rohini Delhi. In light of this record, the Applicant can be described as a habitual and hardened criminal.

FACTS AND CONTENTIONS OF THE APPLICANT:

3. Mr. Tarun Gahlot, 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 17th May, 2016, and has already been in custody since then for almost 9 years. The trial is far from conclusion, with only 30 out of 60 listed witnesses having been examined so far, and no indication that the remaining evidence will be recorded in the near future. The protracted nature of the trial, which cannot be attributed to any delay on the part of the Applicant, ought to weigh in favour of granting him bail. The Supreme Court has consistently held that even in cases involving special statutes like MCOCA, the stringent bail conditions can be relaxed when the acc