Neutral Citation Number is 2022/DHC/004841

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 943/2022

SHAHNAWAZ

..... Petitioner

Through:

Mr. Ravi Drall and Ms. Aditi Singh

Advocates.

versus

THE STATE OF NCT DELHI

.....Respondent

Through:

Mr. N.S.Bajwa, APP for State.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. This is an application for bail in case FIR No.397/2019 under Section

3 and 4 of the Maharashtra Control of Organised Crime Act (MCOCA)

registered at PS Hari Nagar.

1.1

The petitioner is stated to be in judicial custody since 05.05.2021. A

Charge sheet in the main case and supplementary charge sheet qua the

petitioner has already been filed.

1.2

It has been submitted on behalf of the petitioner that he is a law-

abiding citizen of the country; stated to be 31 years old; residing with his

wife and children.

1.3

The FIR was lodged on 13.08.2019 against the co-accused person,

however, name of the present applicant is not mentioned anywhere in the

FIR. Even in the confessional statement of the co-accused, the present

petitioner has not been named. He is not involved in any organised crime.

Even as per the prosecution, as mentioned in the charge sheet, there is no

property in the name of the applicant and there is no electronic evidence to

Signed By:HARIOM

Signing Date:15.11.2022

15:45:24

Signature Not Verified

Neutral Citation Number is 2022/DHC/004841

connect the present petitioner with the other co-accused.

2. It is stated that the petitioner is residing at a separate place, away from

his brothers and family members. The wife of the applicant is an educated

lady and she has been working in Hotel Radisson, Paschim Vihar, New

Delhi. Even as per the allegations against him, he is stated to have deposited

Rs.24 lacs in his bank accounts in the span of 7 years, meaning thereby that

a sum of Rs.3.4 lacs was deposited every year which is not sufficient to

invoke stringent provisions of MCOCA Act and there is no unaccountable

wealth in the name of the applicant.

2.1

The petitioner is stated to be in possession of 4 properties. In the list

of all cases submitted by IO along with the charge sheet, detailing the crimes

committed by the crime syndicate, name of the applicant and cases pending

against him have not been enumerated. No offence has been committed by

the petitioner with the object of gaining pecuniary benefits or undue

economic or other advantage and as such, the cases are not covered under

the provisions of MCOCA.

2.2

It has been further submitted that the list contained 5 cases, out of

which there is no such FIR against the petitioner bearing No.642/2006

registered at PS Hari Nagar. He has been named as a co-accused in FIR

No.686/2014 under Section 307/34 IPC, registered at PS Hari Nagar but the

said case was not related to any organised crime, rather it was a case of road

rage. Another case being FIR No.338/2012 registered at PS Hari Nagar

under Section 308/323/34 IPC also does not relate to any organised crime,

rather it was a case of road rage.

2.3

FIR No.338/2012 registered at PS Hari Nagar under Section

308/323/34 IPC covers a dispute of personal nature, not pertaining to any

Signed By:HARIOM

Signing Date:15.11.2022

15:45:24

Signature Not Verified

Neutral Citation Number is 2022/DHC/004841

organised crime. The petitioner has been arrested in the present case after his

false arrest with a weapon in case FIR No.177/2021, registered at PS Hari

Nagar under Section 25 of the Arms Act. The accused/applicant is on bail in

other matters where he has been falsely implicated. The gravity alone cannot

be a ground to deny bail.

2.4

The petitioner has not violated the law of the land. The earlier bail

application filed by the present petitioner was dismissed by the learned ASJ

on 28.01.2022.

3. Notice was issued.

4. Nominal Roll has been called which shows that as on 16.08.2022, the