MCOCA Court grants bail to member of Salman Tyagi gang, says no ground to believe he is guilty of offence

New Delhi [India], December 20 : Special MCOCA Court at Tis Hazar Delhi on Tuesday granted bail to an accused alleged to be member of Salman Tyagi crime syndicate. He was chargesheeted in an FIR of Police Station Hari Nagar under MCOC Act against Salman Tyagi and his 22 other gang members.
The court said that there are reasonable grounds for believing that accused Rajesh alias Honey is not guilty of offences punishable under Maharashtra Control of Organised Crime Act (MCOCA).
Additional Sessions Judge (ASJ) Shivali Sharma granted bail to Rajesh alias Honey after considering the facts and submissions made by the counsel for the accused and Delhi police.
Rajesh is an accused in an FIR registered under sections 3 and 4 of MCOCA on 13.08.2019. He was charge-sheeted for offences under Sections 3 and 4 MCOC Act through 5th supplementary charge sheet filed on August 11, 2023.
The FIR was registered against the Crime Syndicate run by accused Salman Tyagi and his 22 other associates including the present accused.
ASJ Shivali Sharma said, " I am of the opinion that it is a fit case to grant benefit of bail to the applicant/accused Rajesh alias Honey pending trial."
"However, the bail has to be conditional considering the nature of allegations against him and to ensure that he does not indulge in any kind of criminal offence in future," ASJ Sharma said while imposing conditions on the accused.
The judge said, "I am constrained to hold that there are reasonable grounds for believing that accused Rajesh alias Honey is not guilty of offences punishable under MCOC Act for which he has been chargesheeted."
"Nothing has been shown on record to believe that accused is likely to commit any offence while on bail as it is amply clear from the record that there have been no criminal complaints against the applicant/accused Rajesh alias Honey after 2017 i.e. for last 6 years."
The court also said that the restriction as enshrined in Section 21 (5) MCOC Act for the grant of bail is not attracted against the present accused as it is not reported that he has committed any offence while on bail in an offence under this Act.
Accused Rajesh alias Honey has been chargesheeted for offences under sections 3 and 4 of MCOCA which provides punishment for organized crime and for possessing unaccountable wealth on behalf of members of organized crime syndicate respectively.
The accused was in custody since May 15, 2023. A charge sheet has already been filed in the matter. The case is at the stage of arguments on charge, the judge noted in the order passed on December 19, 2023.
Advocate Deepak Sharma, counsel for the accused, argued that the only evidence against him on record is the disclosure made by the alleged kingpin Salman Tyagi in his disclosure statement recorded under Section 18 MCOC Act wherein he had named present accused Rajesh as a member of the Crime Syndicate.
He further argued that there is no corresponding evidence to support the said disclosure statement collected by the IO. There is no statement of any independent public witness regarding the commission of any kind of offence using violence, threat of violence, intimidation or coercion or any other unlawful means by Rajesh for or on behalf of the alleged Crime Syndicate for gaining any kind of pecuniary benefit or any undue economic advantage.
It was also submitted that the case of the prosecution is that this is the unaccountable money obtained by the accused as a member of the alleged Organized Crime Syndicate. However, no evidence in this regard has been gathered during the investigation.
On the other hand, Delhi police opposed the bail plea. Additional public prosecutor (APP) Jitendra Sharma submitted that the allegations against the accused are serious in nature. Offences Under sections 3 and 4 of the MCOC Act are alleged against him.
He is specifically named in the sanction under Section 23(1) MCOC Act obtained prior to registration of the present FIR along with 22 other alleged persons out of which 14 have already been charge-sheeted and investigation qua remaining is under progress, APP added.
APP also submitted that the accused is involved in multiple criminal cases and even convicted for offence under Section 307/323/34 IPC in case FIR of PS Cannaught Place.
He has made a lot of illicit money using the crime syndicate by extorting money from the finances, property dealers, bookies and businessmen by showing them fear of illegal weapons, APP further submitted.