Delhi court grants bail to MCOCA accused, citing trial delay

Delhi's Tis Hazari Court granted bail to Muntzeer Tyagi, an accused MCOCA member of the Salman Tyagi syndicate. The decision was based on his custody period, acquittals in other cases, and a significant delay in the trial proceedings.

Delhi's Tis Hazari Court has granted bail to an accused charged under MCOCA for being a member of an organised crime syndicate of Salman Tyagi. Muntzeer Tyagi alias Munti has been granted bail in view of his custody, his acquittal in 4 cases, and delay in trial as 2 witnesses out of 453 have been examined in 3 years.After considering the material on record, Special Judge (MCOCA) Rajinder Kumar granted bail to Muntzeer Tyagi alias Munti. Special Judge said, "Thus, considering the material available on record, only for the purpose of deciding the present bail application, I am constrained to hold that there are reasonable grounds for believing that the accused is not guilty of offences punishable under the MCOC Act for which he has been charged."

Court Cites Lack of Evidence and Trial Delay

The court noted the facts that the accused has been charged with offences under section 3 and 4 of the MCOC Act, which provide punishment for committing an offence of organised crime and being a member of an organised crime syndicate. " Considering the reasons given above, this court is satisfied that at this stage, there are reasonable grounds for believing that the accused is not guilty of such offence. Nothing has been shown on record to believe that the accused is likely to commit any similar offence while on bail," the Special Judge said in the order passed on July 24.

The court also said that the restriction as enshrined in Section 21 (5) MCOC Act for grant of bail is not attracted against the present accused as it is not reported that he has committed any offence while on bail in an offence under this Act. While granting bail to the accused, the court noted that the accused is alleged to be involved in 6 previous cases, out of which one is under the Gambling Act. The accused has been acquitted in 4 cases out of 6 cases, and he is running on bail in the remaining 2 cases. " There is no involvement of the accused in any criminal offence after the year 2021. No unaccountable wealth has been found in possession of the applicant/accused during investigation," the court said in the order.

Bail Granted with Conditions

" I think that it is a fit case to grant the benefit of bail to the accused pending trial. However, the bail has to be conditional considering the nature of allegations against him and to ensure that he does not indulge in any kind of criminal offence in future," the special judge said. The court allowed the bail application on furnishing bail bond in the sum of Rs. 50,000 with one surety in the like amount subject to several conditions including that he shall not indulge in any criminal activity of any nature whatsoever under the MCOC Act. He shall not try to contact the complainant/victim/any witness or any of their family members in any manner whatsoever, the court said.

Defense Argues for Bail

Advocate Deepak Sharma alongwith Piyush Nagpal and Deepak Kumar appeared for Muntzeer Tyagi. The counsel for the accused submitted that he has been in judicial custody since 29.03.2023 and the matter is still stands at the stage of Prosecution evidence. It was submitted that out of 453 witnesses, only 2 have been examined. The rest of the witnesses are yet to be examined, and the conclusion of trial shall take a long time. It was also argued by the counsel for the accused that the sanction granted under 23(2) MCOC Act is vitiated and non-application of mind, as the sanctioning authority has cited possession of unaccountable property under section 4 of MCOC Act.

Prosecution Opposes Bail Plea

On the other hand, while opposing the bail application, Delhi Police submitted that the accused Muntzeer Tyagi is one of the founder members of the 'crime syndicate'. It is alleged that the accused is an active member of an organised syndicate which was started by the accused Salman Tyagi (since deceased) alongwith other associates by using illegal firearms and has been involved in a pattern of continuing unlawful activity to gain pecuniary benefits. Based on a list of 6 cases, the investigating agency invoked the provisions of the MCOC Act, asserting that the accused poses a continuous threat to society. (ANI)

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