Vijay Mann @ Kapil vs State (Nct Of Delhi) on 18 December, 2020
17. Let us examine the present bail application in view
of the above law laid down by the Hon'ble Supreme
Court. Perusal of the material brought on record
reveals involvement of petitioner Digvijay Saroha to
the effect that he has been a part of organized crime
syndicate and has knowingly facilitated the alleged
organized crime syndicate. The MCOCA does not
contemplate that the petitioner should have direct role
to play as regards the commissionof an organised
crime. If there is a nexus of the petitioner who is a
member of an, 'organised crime syndicate', or nexus
with the offence in the nature of an, 'organised crime'
is established, the petitioner will prima facie satisfy the
ingredients of Section 3(2) of MCOCA. In the present
case, the petitioner Digvijay Saroha is alleged to be a
member of an organized crime syndicate run by
Jitender @ Gogi. There are approximately 27 cases
filed against this organized crime syndicate. As per
reply filed by the prosecution, there is confessional
statement of co-accused Yogesh, which reveals that
petitioner Digvijay Saroha is the member of an
organized crime syndicate being run by Jitender @
Gogi. It has also come on record that during
interrogation petitioner/ accused Digvijay Saroha has
disclosed that he is an active member of Jitender @
Gogi Gang and used to collect information regarding
members of opposite gang as well suspected targets
from whom money can be extorted. During the
investigation one witness namely Ms. Nikita Dahiya
has deposed that this 'Organised Crime Syndicate'
used to collect extortion money from her and accused
Digvijay Saroha is one of the associates of this gang,
who used to collect protection money from her. Thus,
Prima facie, the prosecution has established
petitioner's role in conspiring, assisting and managing
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH CRL.M.C. 1625/2020 Page 20 of 22
Signing Date:18.12.2020 14:31
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:18.12.2020
15:11:46
the crime syndicate. There are no reasonable grounds
to believe that petitioner is not guilty of the offences, he
has been charged with. On the contrary, the material
brought on record, points to his role in the abetment of
the offences committed by the crime syndicate."