The Bombay High Court has granted bail to an accused in the murder case of former Maharashtra minister Baba Siddiqui, holding that the prosecution’s material did not prima facie establish his connection with the organised crime syndicate under the Maharashtra Control of Organised Crime Act (MCOCA).

Justice Dr. Neela Gokhale observed that the case against the applicant was primarily based on two phone calls allegedly made by him to a co-accused using another person’s internet hotspot. The Court held that merely making such calls does not, by itself, establish the applicant’s connection with the organised crime syndicate or show that he had knowledge of the co-accused’s involvement in organised crime.

The prosecution had also relied on allegations that the applicant made international calls and possessed photographs with firearms. However, the Court noted that the recipients of the alleged international calls had not been identified, and a bare allegation without supporting material could not indicate his complicity. It further held that a photograph of the applicant holding a gun did not demonstrate his participation in the conspiracy, particularly when there was no link between the weapon in the photograph and the offence.

Importantly, the Court found that the confessional statements of key co-accused did not name the applicant, even though they described the roles of several other persons involved in the conspiracy.

Applying the stringent bail conditions under Section 21(4) of MCOCA, the Court held that there were no reasonable grounds at this stage to believe the accusations against the applicant were prima facie true. It also took into account that the applicant had no criminal antecedents and was only 22 years old.

Accordingly, the Court granted bail subject to conditions, including a bond of ₹1 lakh, periodic reporting to the investigating agency, surrender of passport, and a prohibition on contacting witnesses or leaving the State without permission.

The Court clarified that its observations were prima facie and limited to the bail stage, and would not influence the trial on merits

Appearances: 

Mr. Abhishek Yende a/w Ms. Surbhi Agrawal, Mr. Shubham Kahite & Mr. Sagar P. for Applicant.

Mr. Mahesh Mule, SPP a/w Mr. Parth Gawde & Ms. Megha S. Bajoria, APP for the State-Respondent.

Mr. Pradip Gharat a/w Mr. Trivankumar Karnani, Ms. Hritika Jannawar & Mr. Sumit Jadhav for Intervenor.

API- Ramdas Kadam a/w ACP- Sadanand Rane, DCB CID, is present.