SAHIL DAHIYA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This petition is filed under Section 439 Criminal Procedure Code 1973 (hereinafter referred as Cr P C) for seeking regular bail in case FIR No.207/2019 under Section 3/4 of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred as MCOCA) registered at police station Special Cell, Delhi Police.

(2.) The learned counsel for the petitioner argued petitioner herein has been wrongly involved in MCOCA and though, perusal of the status report filed by the State shows there are three FIRs against petitioner; however, in FIR No.816/2014 under Section 302/34 IPC registered at police station Rohini North, Delhi the petitioner was granted bail by this Court per order dated 03.06.2015 and that time admittedly the accused had no association with Parvesh Maan. As regards the FIR No.226/2018 registered at police station Ashok Vihar, it is alleged though charge sheet has been filed against petitioner but there is no evidence of his association with the organized gang of Parvesh Maan. Further in FIR No. 291/2018 under Section 387 IPC PS K. N. Katju Marg, Delhi, the petitioner is not involved. It is also argued Annexure-I of status report reveals at least 40 persons associated to Parvesh Mann, then why the accused of FIR No.226/2018 are singled out.

(3.) It is further submitted whilst the petitioner was on interim bail in case FIR No.226/2018 he was apprehended by the Delhi Police and was involved in the present case FIR and arrested under the provisions of the MCOCA. It is also alleged the petitioner on 04.06.2020 had retracted from the confessional statement recorded under Section 18 of the MCOCA and such letter is annexed as annexure A to this petition.