MCOCA Court denies bail to Nasir Gang kingpin Abdul Nasir in 2019 case

A Special MCOCA Court at Rouse Avenue has denied regular bail to Abdul Nasir, the alleged kingpin of the Nasir Gang. The court rejected his plea based on over 5 years in custody, stating long incarceration is not the sole ground for bail under MCOCA.

A Special MCOCA Court at Rouse Avenue court complex has denied regular bail to Abdul Nasir, the alleged Kingpin of the Nasir Gang, in a case lodged under MCOCA in 2019 by the Crime Branch. Nasir was arrested in October 2020.

He sought regular bail on the ground of custody of more than 5 years. The court said that long incarceration is not the only ground for bail in cases under MCOCA. However, he was granted interim bail on May 12.

Court's Rationale for Bail Denial

Special Judge (MCOCA) Gaurav Rao dismissed the bail application in view of the legal provisions of MCOCA and the past involvement of accused Abdul Nasir. The court rejected the contention of a long period of custody. "Long incarceration cannot be a stand-alone consideration and requires to be weighed viz-a-viz the nature of offence and the material against the accused. Considering the past involvements of the applicant, he rather appears to be a threat to the society," Special Judge ordered on September 7.

Balancing Individual Liberty and Community Security

While dismissing the bail application, the court also addressed the arguements of right to life and liberty under Article 21 of the Constitution of India. The court said, " Article 21 protects an individual's liberty; however, it also reflects the State's obligation to protect the life, liberty and security of the community of the society."

Parity Argument Rejected

The court also rejected the contention of parity with other accused persons who are enlarged on bail by the previous Court. "The facts of each case must be assessed independently, and the rights of the society, public at large must be balanced with those of the accused, particularly in cases involving heinous offences," Special Judge said in the order.

The court further said that also, in terms of Section 21 of the MCOCA, the Court is required to record a finding as to the possibility of the applicant committing a crime after grant of bail; however, such an offence in future must be an offence under the Act and not any other offence. "The past involvements of the applicant, that too in heinous offences and his role of being the syndicate's kingpin certainly curtails this court's hands in recording any such finding in favour of the applicant," the court said.

Defense's Arguments

Advocate Abhishek Yadav had moved the bail application on behalf of Abdul Nasir. He had argued that no organised crime syndicate has been established and mere common involvement of accused persons in a few cases does not make out a syndicate. The prosecution has miserably failed to place on record the property documents, ownership papers, etc reflecting the hollowness of its case.

It was also submitted that the entire case of the prosecution is documentary in nature, resting upon past charge-sheets already filed before competent courts and therefore there is no occasion for tampering with evidence and the custody of the applicant is no longer required for any investigative purpose.

Prosecution's Opposition

The Prosecution opposed the bail application, submitting that the present case pertains to the dismantling of the "Nasir Gang", a dreaded organised crime syndicate operating with impunity across the National Capital Region (NCR) and adjoining states and the said gang under Nasir's leadership is known for its involvement in heinous offences including murder, extortion, armed robbery, rioting, unlawful assembly and use of sophisticated firearms. The primary aim of this gang has been to create a reign of terror in the area to further their unlawful monetary & territorial interests, Delhi Police said.

It was also submitted that Abdul Nasir is not only the kingpin of the gang but has played a central role in planning & executing violent crimes. Further, he remained absconding for a considerable period despite the issuance of non-bailable warrants and was declared a Proclaimed Offender on September 4, 2020. (ANI)

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