Headnote
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The applicant, Dheerpal alias Kana, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 seeking release in FIR No. 531/2015 registered at Police Station Najafgarh, South-West, Delhi for offences under Sections 3 and 4 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) as extended to the National Capital Territory of Delhi. The applicant was alleged to be an associate and right-hand aide of Vikas Gulia @ Vikas Langarpuria, the leader of the 'Vikas Langarpuria Gang', an organised crime syndicate involved in murder, attempt to murder, extortion, robbery, abduction, and arms offences across Delhi and Haryana.
The prosecution alleged that the applicant was involved in ten criminal cases including murder, attempt to murder, kidnapping for ransom, extortion, and violations of the Prison Act, 1894, and that while lodged in Bhondsi Jail he used mobile phones to make extortion demands and conducted financial transactions through associates, including one Sonia, whose bank accounts reflected transactions of over thirty-five lacs between January 2014 and September 2015 grossly disproportionate to her declared income. The applicant was arrested on 21.09.2015, and his voluntary confessional statement was recorded before the then DCP, South-West.
The Delhi High Court examined the allegations under MCOCA and the applicant's antecedents, prior criminal involvement, and conduct during judicial custody in the context of the stringent bail conditions prescribed under the MCOCA, which impose a reverse burden on the accused to show that there are reasonable grounds for believing that he is not guilty of the offence and that he is not likely to commit any offence while on bail.
Catchwords:
bail
Maharashtra Control of Organised Crime Act 1999
MCOCA
organised crime syndicate
Vikas Langarpuria Gang
extortion
murder
attempt to murder
mobile phone in jail
confessional statement
reverse burden
Section 439 CrPC
Delhi NCT
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Full Judgment Text
```json
{
"title": "Dheerpal Alias Kana vs State Govt Of NCT Of Delhi",
"case_number": "BAIL APPLN. 593/2024",
"side": "criminal",
"date_of_judgment": "2024-05-30",
"bench": "Navin Chawla J.",
"reportable": false,
"parties_petitioner": "Dheerpal Alias Kana",
"parties_respondent": "State Govt Of NCT Of Delhi",
"result": "other",
"headnote": "The applicant, Dheerpal alias Kana, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 seeking release in FIR No. 531/2015 registered at Police Station Najafgarh, South-West, Delhi for offences under Secti
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