Justice Prevails: Delhi HC Grants Bail in MCOCA Case After 9 Years of Undertrial Custody ; Jitender Dixit @ Bantu v. State (NCT of Delhi)

 

In a significant judgment reinforcing the right to personal liberty and speedy trial, the Delhi High Court granted regular bail to Jitender Dixit @ Bantu in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA), 1999. The court observed that nearly nine years of undertrial custody without substantial trial progress was unconstitutional.

🕵️‍♂️ The Case at a Glance:

• FIR No. 55/2016, registered under Sections 3(1), 3(4), and 3(5) of MCOCA.

• Accusations: Member of the “Manoj Morkheri” gang, allegedly involved in a syndicate carrying out extortion, murder, kidnapping, and organized crimes.

• Dixit was arrested in May 2016 and remained in custody ever since.

• The trial is still pending, with only 35 out of 60 witnesses examined as of May 2025.

👨‍⚖️ Applicant’s Argument:

Advocate Tarun Gahlot argued that:

• The prolonged incarceration violates Article 21 (Right to Liberty).

• There is no evidence of "continuing unlawful activity" or "pecuniary gain" as required under MCOCA.

• He was already acquitted in the only FIR cited at the time of MCOCA approval.

• Co-accused with graver records have been granted bail, warranting parity.

🏛️ State’s Stand:

The prosecution opposed bail, citing:

• Dixit’s criminal background, including convictions and pending trials.

• A risk to witnesses and evidence if released.

⚖️ Court’s Key Observations:

Justice Narula held:

• The right to a speedy trial is a fundamental aspect of liberty.

• The strict bail provisions of MCOCA must give way where trial delays are excessive and not the fault of the accused.

• The only FIR considered for MCOCA sanction ended in acquittal, weakening the very foundation of invoking MCOCA.

• Continued incarceration, especially when co-accused are out on bail and trials stagnate, amounts to pre-trial punishment.

🔐 Bail Conditions:

Dixit was granted bail on a ₹50,000 personal bond with a surety, and strict conditions including:

• No leaving the country without permission.

• Regular reporting to the IO.

• No contact with witnesses or involvement in crime.

• Compliance with other bail orders in pending cases.

📌 Conclusion:

This judgment underscores the constitutional principle that liberty cannot be sacrificed at the altar of delay, especially under special laws like MCOCA. It aligns with the Supreme Court’s growing emphasis on speedy justice, even in cases involving organized crime.