* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 18, 2026 % Pronounced on: March 10, 2026 + BAIL APPLN. 3374/2025 MANOJ @ MORKHERI ....Applicant Through: Mr. Sumeet Singh Shokeen, Mr.

Bijender Kumar, Mr. Deepesh Shokeen and Mr. Nikhil Yadav, Advocates Versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Satish Kumar and Ms. Meenakshi Dahiya, APPs with Ms. Upasna Bakshi and Ms. Divya Bakshi, Advocates. Inspector Sandeep Tushir, NR-II, Crime Branch.

CORAM:

HON’BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1. By virtue of the present bail application under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks regular bail in proceedings arising from FIR No.55/2016 dated 19.04.2016 registered at PS.: Crime Branch, Delhi under Sections 3(1)/3(4)/3(5) of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA).

2. As per FIR, since 2003, the applicant and his associates, who are part of a structured and well-organised crime syndicate, have been continuously involved in organized criminal activities across Delhi NCR and adjoining States. The syndicate operates as a structured and coordinated crime syndicate, planning crimes meticulously, assigning defined roles to members and executing operations in an organized manner, thereby creating widespread fear among the public in the region.

3. In view of the aforesaid sustained and continuing criminal activities, the present FIR came to be registered pursuant to a proposal seeking prior approval under Section 23(1)(a) of MCOCA, wherein it is alleged that the applicant, acting in concert with his associates, ever since the year 2003, has been engaged in “continuing unlawful activity” and “organised crime” within the meaning of Section 2(1)(d) and Section 2(1)(e) of MCOCA respectively and the group constitutes an “organised crime syndicate” under Section 2(1)(f) of MCOCA. Multiple FIRs have been registered against the applicant and his associates under the provisions including Sections 302, 364A, 384 of the Indian Penal Code, 1860 as also the Arms Act, 1959 involving heinous offences and serious crimes.

4. Mr. Sumeet Singh Shokeen, learned counsel for the applicant submitted that the applicant is falsely implicated herein as he has no connection either with the alleged offences or with the other accused persons therein. Further, the essential ingredients for invocation of the MCOCA are not satisfied. Since the investigation has already been completed and chargesheet also filed which does not disclose any material of the applicant deriving any pecuniary benefit from the alleged activities and charges have also been framed, continued custody of the applicant is unwarranted. Also, the applicant has remained in judicial custody for more than nine (9) years and ten (10) months as on date. The trial is presently at the stage of prosecution evidence, wherein out of 88 cited witnesses, only 34 have been examined so far, and none of them has made any incriminating statement against the applicant. In any event, the primary witness, Mr. Manoj Maan (PW10), as per prosecution, has already been examined and discharged. Lastly, 9 out of 11 co-accused persons, all have been granted regular bail vide separate orders, hence, on the principal of parity, the applicant may also be released on bail.

5. Per contra, Mr. Satish Kumar learned APP for the State relying upon the Status Report, submitted that the allegations levelled against the applicant are grave and serious, and involving MCOCA, a special legislation enacted to effectively curb the menace of organised crime syndicates. The applicant has a past criminal record clearly reflecting his involvement in serious offences and establishing him as a habitual and hardened offender. The applicant had earlier absconded for nearly four (4) years after being released on bail in July 2008, and during that period, he also committed murder of a retired Inspector of Haryana Police. Lastly,