Delhi Court Dismisses Anticipatory Bail Plea in 2019 MCOCA Case
A Delhi court has dismissed an anticipatory bail plea of an accused in a 2019 case registered under the stringent Maharashtra Control of Organised Crime Act (MCOCA). Judge Sonu Agnihotri observed that the accused was allegedly a member of an "organised crime syndicate involved in multiple offences," thereby rejecting the defense's arguments.
Court Cites Statutory Requirements and Syndicate Links
Judge Agnihotri noted that the syndicate was linked to seven criminal cases, with courts having taken cognisance of four cases in the last decade. This, the court held, satisfies the statutory requirement of "continuing unlawful activity" under MCOCA. The court emphasized that the accused's name was included in the MCOCA proposal and approved by the additional commissioner of police (crime), and the stringent bail conditions under the Act were not met.
Defense Alleges Police Corruption and False Implication
The defense argued that the dispute originated from a February 1, 2022, incident. According to the counsel, the accused, a driver, was stopped by a PCR vehicle while driving his RTV bus after a minor collision with an auto. Inspector Yogender allegedly threatened to arrest him, impound the vehicle, and demanded a bribe for its release.
The defense claimed the accused later paid protection money to avoid challans and possessed a video recording of the transaction. They argued the case was filed to target him for exposing alleged police corruption, stating he was "falsely implicated after raising complaints against police officials." The counsel detailed that the accused wrote to the Lieutenant Governor in 2022 against inspector Yogender and constable Shokendra, filed another complaint against SI Sahansar Pal in 2025, and approached the Delhi High Court seeking registration of an FIR against them.
Prosecution Counters with Organized Crime Allegations
Opposing the plea, the prosecution, led by Pravin Rahul, argued that anticipatory bail is not provided under MCOCA. They contended the accused was part of an organised crime syndicate allegedly led by Raj Kumar alias Raju Meena, who has been arrested. The prosecution labeled the complaints against police officers as an "afterthought," noting they were filed only after a separate FIR was registered against him.
Furthermore, the prosecution cited statements of protected witnesses and confessional statements of co-accused, alleging the accused used associates to secretly record videos of police personnel for extortion and blackmail purposes.
Court Sides with Prosecution, Dismisses Bail Plea
Agreeing with the prosecution, the court observed there was "no reason to disbelieve the allegations against the accused." Consequently, the anticipatory bail plea was dismissed, reinforcing the court's stance on the seriousness of the MCOCA charges and the alleged involvement in organized criminal activities.
This ruling underscores the judicial scrutiny applied in MCOCA cases, where allegations of organized crime syndicates and continuing unlawful activity are rigorously examined, often outweighing individual claims of police misconduct or false implication.
