UMESH @ KALA vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: August, 13, 2025 Pronounced on: September 18, 2025 + BAIL APPL. 1407/2025 UMESH @ KALA S/O Sh. Vijender Singh, R/o H.No.152, Gaon Tajpur Kalan, North West Delhi, Delhi-110036. .....Petitioner Through: Mr. Murari Tiwari, Mr. Rahul Kumar, Mr. Sarthak Singh and Ms. Indira Murthy, Advocates. VERSUS STATE, THROUGH SHO P.S. Special Cell Lodhi Road, Meharchand Market, Lodi colony, New Delhi-110003. .....Respondent Through: Mr. Sanjeev Bhandari, ASC (Crl.) for the State with Mr. Arjit Sharma and Ms. Sakshi Jha, Advocates with SI Devendra Rawat, Cell/NDR/New Delhi. . CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified Signed By:VIKAS ARORA BAIL APPL.1407/2025 Page 1 of 19 Signing Date:18.09.2025 17:02:12 1. Second Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Applicant Umesh @ Kala for grant of Regular Bail on case FIR No.77/2018 under Section 3/4 Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as “MCOCA”), Police Station Special Cell, Delhi. 2. It is submitted that the Applicant is a family person, having his wife and old and ailing parents. He is in Judicial custody for last 6 years, 7 months and 12 days since 24.08.2018. He has been implicated falsely in this case as there is no evidence to show that he was involved in organized crime, as alleged by the Prosecution. 3. He has been implicated falsely in FIR No.83/2018 under Section 302/307/120B Indian Penal Code, 1860 (hereinafter referred to as “IPC”), Police Station Maurya Enclave which was registered on 16.03.2018. On the basis of the said FIR, the provisions of MCOCA have been wrongly invoked for registration of present FIR