Delhi High Court Denies Bail to Umesh @ Kala, member of an organized crime syndicate, Under MCOCA
Court cites ongoing gang activities and failure to meet twin conditions as reasons for dismissal
News Report: In a significant ruling, the Delhi High Court on September 18, 2025, denied bail to Umesh @ Kala, an alleged member of an organized crime syndicate, under the Maharashtra Control of Organised Crime Act (MCOCA). Justice Neena Bansal Krishna dismissed the bail application, emphasizing the necessity to satisfy the twin conditions under Section 21(4) of MCOCA for bail, which the accused failed to meet.
Umesh @ Kala, who has been in judicial custody for over six years, sought bail citing prolonged incarceration and the health issues of his family. Despite his arguments, the court maintained that the seriousness of the crimes and his active involvement in the gang warranted continued detention. The court highlighted his association with the notorious Sunil @ Tillu gang, known for its involvement in multiple murders and extortion cases.
Justice Krishna noted that the applicant's involvement in multiple FIRs and ongoing gang activities was a critical factor in the decision. The court observed that the twin conditions under Section 21(4) of MCOCA require satisfaction that the accused is not guilty and unlikely to commit any offense while on bail, which were not met in Umesh's case.
The judgment underscored the importance of balancing individual rights with societal interests, particularly in cases involving grave offenses under special statutes like MCOCA. Although the applicant argued for bail on the grounds of delay in the trial, the court found that meaningful progress was being made in the proceedings, with several witnesses already examined.
The decision serves as a stern reminder of the stringent conditions under MCOCA for granting bail, reinforcing the judiciary's role in upholding public safety and order amidst organized crime. The court’s ruling aligns with precedents that emphasize societal interests over individual liberties in cases of organized crime, highlighting the judicial system’s commitment to combating gang-related activities.
Bottom Line:
Bail under MCOCA - Twin conditions under Section 21(4) MCOCA must be satisfied for grant of bail - Long incarceration or delay in trial cannot be the sole ground for bail without considering the gravity of the offence or the role of the accused.
Statutory provision(s): Maharashtra Control of Organised Crime Act, 1999 Sections 3, 4, and 21(4), Article 21 of the Constitution of India
Umesh @ Kala v. State, (Delhi) : Law Finder Doc Id # 2780862
