AMIT GULIA vs STATE (NCT OF DELHI)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.04.2025 + BAIL APPLN. 222/2025 AMIT GULIA .....Petitioner Through: Mr. Avi Kalra, Mr. Prateek Lakra, Mr. Devesh Chauhan and Ms. Preetika, Advocates versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Manoj Pant, APP for the State with Inspector Sundeep Yadav, P.S. Special Cell. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J (ORAL) 1. By way of the present application, the applicant seeks grant of regular bail in case arising out of FIR bearing no. 163/2019, registered at Police Station Special Cell, Delhi for the offence punishable under Sections 3/4 of the Maharashtra Control of Organized Crime Act, 1999 [hereafter „MCOCA‟]. 2. Briefly stated, the facts of the case, as discernible from the records, are that a proposal under Section 23(1)(a) of the MCOCA was moved against accused Kapil Sangwan @ Nandu, his brother Signature Not Verified BAIL APPLN. 222/2025 Page 1 of 9 Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.04.2025 18:19:33 Jyoti Prakash @ Babu, and their other associates. As per the proposal, on the evening of 20.12.2015, Sunil @ Doctor, the brother- in-law of Kapil Sangwan @ Nandu, was murdered in the jurisdiction of P.S. Chhawla, and FIR No. 766/2015 was registered under Sections 307/302/34 of IPC and Sections 25/27 of the Arms Act. The accused in that case – Nafe @ Mantri, Manjeet Mehal, Dharmender, Ashok Mitraon, and Pradeep Solanki – are all stated to be members of the Manjeet Mahal gang. The said murder was allegedly committed due to the gang rivalry between the Kapil Sangwan gang and the Manjeet Mahal gang due to financial dealings. In retaliation, during the intervening night of 20/21.12.2015, Kapil Sangwan and his associates had allegedly atta