* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 3rd November, 2025.

Pronounced on: 28th November, 2025.

Uploaded on: 28th November, 2025.

+ BAIL APPLN. 3121/2025

ISHWAR @ PANDIT .....Petitioner

Through: Mr. Sumeet Singh Shokeen, Mr. Bijender Kumar, Mr. Deepesh, Mr. Kartikey Anand, Mr. Aditya, Advocates.

versus

STATE OF NCT OF DELHI .....Respondent

Through: Mr. Amit Ahlawat, APP for the State with ACP Narender Beniwal, Insp. Sandeep Tushir, SI Yogesh Dahiya, PS NR-II, Crime Branch

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J.:

1. This application under Sections 483 read with 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 seeks regular bail in proceedings emanating from FIR No. 55/2016 dated 19th April, 2016, registered at P.S. Crime Branch, under Sections 3/4 of the Maharashtra Control of Organized Crime Act, 1999.2 Subsequently, by chargesheet dated 7th December, 2017, the Applicant has been implicated under Sections 3(1)/ 3(4)/3(5) of MCOCA.

CASE OF PROSECUTION:

2. The factual background leading to the filing of the present application is summarised as follows:

2.1. The aforementioned FIR 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. It is alleged that these offences were carried out with the objective of deriving pecuniary benefit and securing undue economic advantage. The sustained course of criminal activity is stated to have generated a climate of fear in the region. The members of this syndicate, acting either individually or in concert, are alleged to function as part of, or on behalf of, an organised crime network.

2.2. The FIR was registered pursuant to a proposal seeking prior approval under Section 23(1)(a) of the Maharashtra Control of Organised Crime Act, 1999, in view of the sustained and continuing criminal activities attributed to the syndicate. It is alleged that Manoj @ Morkheri, acting in concert with his associates, has been engaged in “organised crime” within the meaning of Section 2(1)(e) of MCOCA, primarily for pecuniary gain. The group is further stated to constitute an “organised crime syndicate” as defined in Section 2(1)(f) of the Act, functioning through a coordinated network and exerting influence by a continued pattern of grave criminal conduct.

2.3. The Applicant is alleged to be an active gang member of the crime syndicate, and is involved in serious crimes, such as murder, attempt to murder, kidnapping for ransom, and extending threats, across different jurisdictions. He has been convicted in several cases, including FIR No. 112/2003, registered at P.S. Civil Lines, Hisar, Haryana for the offences under Sections 302, 149 and 307 of the IPC, where he is presently serving life sentence. He has also been named and arrested along with co-accused Manoj Morkheri in FIR No. 497/2011 at P.S. Prashant Vihar under Sections 364A/120B IPC. Accordingly, it is alleged that the Applicant is a habitual offender, involved in a number of serious crimes, and should not be released on bail.

ARGUMENTS ADVANCED BY THE APPLICANT:

3. Mr. Sumeet Singh Shokeen, Counsel for the Applicant, advances the following submissions seeking grant of regular bail:

3.1. Long Period of Custody and Delay in Trial: The Applicant was arrested on 9th May, 2016 and has remained in custody for over 9 years. Out of the 140 prosecution witnesses cited, only 88 have been examined thus far. 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