Delhi court grants bail to accused in MCOCA after he surrendered 6 years after FIR registration

New Delhi [India], May 23 (ANI): The Tis Hazari Court in Delhi has granted regular bail to a man accused in a Maharashtra Control of Organised Crime Act (MCOCA) case, after he surrendered. He is alleged to be a member of an organised crime syndicate allegedly run by Salman Tyagi.
He is accused of extortion and the purchase of property at a low price by threatening the owners. An FIR was registered in 2019 at Police Station Hari Nagar by the Delhi Police. He surrendered six years after the registration of the FIR.
Special Judge (MCOCA) Shivali Sharma granted bail to Subhash Kumar alias Khadda on the subject to various conditions, including furnishing of the bond of Rs 5000 and one surety bond in the like amount.
Special judge Shivali Sharma said, "I am of the opinion that it is a fit case to grant the benefit of bail to accused Subhash Kumar alias Khadda 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 apprehension of the prosecution that accused may threaten the public witnesses is found to be without any basis as the accused is roaming free since the registration of FIR till his surrender before the court on 13.05.2025 and no complaint in this regard has been brought to the notice of the Court by the IO," said the court rejecting the apprehension.
The court also noted that there have been no complaints against the applicant/accused that he had tried to interfere in the investigation or threaten the witnesses during this period.
After surrender on May 13, 2025, accused was taken into custody by the police and 7 days' remand was also taken. After remand he was produced before the court.
During arguments on bail, advocate Deepak Sharma, counsel for the accused, submitted that there is practically no evidence on record to show that the provisions of the MCOC Act are attracted against Subhash Kumar alias Khadda. Thus, he is entitled to the benefit of regular bail pending trial.
It was also submitted that since the entire investigation related to him has already been completed, his custody is not required for the purposes of investigation, and the IO has failed to point out any reason for sending him behind bars.
The bail was also sought on the medical condition of the accused Subhash Kumar, who is stated to be a heart patient and had also suffered a paralytic attack in past.
On the other hand, the public Prosecutor opposed the bail plea and submitted that the allegations against the accused are serious in nature.
It was further submitted that the Offences Under sections 3 and 4 of the MCOC Act are alleged against him. He is specifically named in the sanction under Section 23(1) MCOC Act obtained prior to registration of the present FIR, along with 22 other alleged persons, out of which 21 have already been charge-sheeted, and investigation qua the remaining is in progress. He is involved in an extortion case with the kingpin.
The public prosecutor also alleged that the accused has made a lot of illicit money using the crime syndicate by extorting money from the financers, property dealers, bookies and businessman by threatening them. He has invested the ill-gotten money in reconstruction and renovation of his ancestral property and purchasing new properties.
Various public persons have been examined by the IO during the investigation, who have categorically stated about the manner in which the accused, along with his associates, used to threaten various persons to transfer their property to them at a low price. (ANI)