* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 18, 2026 % Pronounced on: March 10, 2026 + BAIL APPLN. 4320/2025 DHEERPAL@BAGADI@DEEPAK .....Applicant Through: Mr. Vishwajeet Singh, Mr. Kumar Amit Singh, Mr. Tarun Verma and Mr.

Satvik Raghuwanshi, Advocates.

Versus GOVT OF NCT OF DELHI ....Respondent Through: Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Advocate 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 made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Hereinafter as “BNSS read with Section 439 of the Code of Criminal Procedure, 1973, Hereinafter as “Cr.P.C., the applicant seeks regular bail in proceedings arising from FIR No.55/2016 dated 19.04.2016 registered under Sections 3(1)/3(4)/3(5) of the Maharashtra Control of Organised Crime Act, 1991, Hereinafter as “MCOCA registered at PS.: Crime Branch, Delhi.

2. As per FIR, the applicant is a member of a structured and well-

organised crime syndicate, which has continuously been 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. Further, the applicant herein was arrested on 09.05.2016, since as per FIR No.497/2011 dated 11.11.2011 under Sections 364A/ 120B of the IPC, the applicant was involved in kidnapping of Mr. Rishi Mittal, a student of Maharaja Agrasen College, Rohini, Delhi, for which a ransom of Rs.5,00,00,000/- was demanded from the victim’s father for his release.

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, 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 and 364A of the Indian Penal Code, 1860 as also the Arms Act, 1959 involving heinous offences and serious crimes.

4. Mr. Vishwajeet Singh, learned counsel for the applicant submitted that of the sixty witnesses cited by the prosecution, only thirty-six have been examined till date and consequently, the trial is likely to take a considerable time to conclude. The applicant has already remained in custody for more than nine years, which tantamount to pre-trial incarceration and the same is violative of Article 21 of the Constitution of India.

5. Mr. Vishwajeet Singh further submitted that the charge-sheet is silent on the pecuniary advantage gained by the applicant and the same is an essential ingredient of MCOCA, whereby no evidence has been shown to establish that the applicant profited from any criminal activity, and in view thereof, the present application is liable to be allowed.

6. Mr. Satish Kumar, learned APP for the State, relying upon the Status Report submitted that the applicant has multiple previous criminal antecedents and of the fourteen FIRs involving him, three FIRs are still under trial. Although the applicant was released on interim bail vide order dated 19.10.2023 in BAIL APPLN. 3479/2023, however, the terms and conditions were not followed by him and thereafter, the applicant was declared as a Proclaimed Offender on 09.08.2024. As such, considering the nature and gravity of the offence, the present application is liable to be dismissed.

7. Heard learned counsel for the parties and perused the documents on record.

8. This is a case wherein the applicant is alle