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Delhi High Court
Dheerpal@Bagadi@Deepak vs Govt Of Nct Of Delhi on 10 March, 2026
* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I
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
JUDGMENT
1. By virtue of the present bail application made under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 20231 read with Section 439 of the
Code of Criminal Procedure, 19732, 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,
19913 registered at PS.: Crime Branch, Delhi.
2. As per FIR, the applicant is a member of a structured and well-
Hereinafter as "BNSS"
Hereinafter as "Cr.P.C."
Hereinafter as "MCOCA"
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 allegedly a member of an
organised multi-layered crime syndicate operating through a network, which
requires a comprehensive investigation to unearth his role and extent of his
involvement. Though the applicant has remained in incarceration for a
considerable period, however, when dealing with the provisions of MCOCA,
as per the preamble/ object reasons4 thereof, the same has to take a back seat,
unless there are other mitigating circumstances therewith. Noticeably, as per
Section 21(4) of MCOCA, this Court, while granting bail, must be essentially
'satisfied' that there are "reasonable grounds" to believe that the applicant is
not guilty of the alleged offence and that the accused is not likely to commit
any offence whilst on bail. Thus, the same is more stringent than when this
Court is dealing under normal circumstances under other Statute(s).
9. Moreover, the applicant herein has been guilty of jumping bail, when
the same pertains to an offence of high magnitude, huge monies and various
(unnamed) persons involving provisions of MCOCA, this Court has to be
cautious and take appropriate measures while granting bail in such a case in
hand.
10. Taking the aforesaid cumulatively, especially the seriousness and
gravity of the offence involved, this Court does not see any cause/ reason for
releasing the applicant on bail.
11. Accordingly, the present application is dismissed.
12. Needless to say, since expressions of opinion, if any, are for the
purposes of adjudicating the present application only, they shall have no
bearing on the overall merits/ trial involved in the matter.
SAURABH BANERJEE, J.
MARCH 10, 2026/NA/AKS
An Act to make special provisions for prevention and control of, and for coping with, criminal activity by
organized crime syndicate or gang, and for matters connected therewith or incidental thereto.
