Facts: The applicant, Akashdeep Karaj Singh, was accused in connection with C.R. No. 589 of 2024, registered at Nirmalnagar Police Station, Brihanmumbai, concerning the murder of Ziauddin Abdul Rahim Siddiqui (Baba Siddiqui). The prosecution alleged that the applicant was part of an Organised Crime Syndicate headed by Anmol Bishnoi and was involved in the firing at Baba Siddiqui. The prosecution's case rested on phone calls made by the applicant to another accused, A-15, using a third party's internet hotspot, and alleged international calls.
Procedural Posture: The applicant sought bail in the High Court of Bombay after the Additional Sessions Judge and Special Judge under MCOCA rejected his bail application.
Issue: Whether the applicant should be granted bail, considering the stringent provisions of Section 21(4) of the Maharashtra Control of Organised Crime Act (MCOCA), 1999, which requires the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offense while on bail.
Holding: The High Court granted bail to the applicant.
Reasoning: The Court found that the prosecution's evidence, primarily based on phone calls and alleged international calls, did not sufficiently establish the applicant's connection to the organised crime syndicate or his involvement in the murder. The Court noted that merely making a call to another accused does not prima facie connect the applicant to the syndicate unless it is demonstrated that the applicant had knowledge of the other accused's involvement in organised crime. The Court also observed that the prosecution failed to identify the receivers of the alleged international calls. Furthermore, the confessional statements of other accused did not mention the applicant's name. The Court considered the applicant's lack of criminal antecedents and his age (22 years) and concluded that the embargo on granting bail under Section 21(4) of MCOCA did not apply. The Court emphasized that its findings were prima facie observations for the purpose of examining the bail application and that the trial court should decide the case on its own merits.