The Tis Hazari Court in New Delhi has decided to grant bail to Muntzeer Tyagi, also known as Munti, who faces charges under the Maharashtra Control of Organised Crime Act (MCOCA) for his alleged membership in an organised crime syndicate led by Salman Tyagi. The court’s decision, rendered by Special Judge Rajinder Kumar, is based on several factors including the duration of custody, previous acquittals, and delays in the ongoing trial.

Key Court Findings

In the ruling handed down on July 24, the judge mentioned that only two out of 453 witnesses have been examined in three years, which contributed to the conclusion that there are reasonable grounds to believe that Muntzeer Tyagi might not be guilty of the offences he has been charged with. The court emphasised that the lack of evidence suggesting Tyagi’s propensity for further criminal activities while on bail had influenced its decision.

The alleged offences cited are under sections three and four of the MCOCA, which pertain to organised crime and membership of an organised crime syndicate. The court noted that the accused had not engaged in any new offences since 2021 and stated that no unaccountable assets had been found in his possession during the investigation. Based on these considerations, the court deemed it appropriate to grant bail while ensuring it included specific conditions to regulate Tyagi’s activities during the course of the trial.

In granting bail, the court enlisted multiple conditions, including prohibiting Muntzeer Tyagi from any criminal activity under the MCOCA and barring him from contacting the complainant, victims, witnesses, or their family members. The bail bond is set at Rs. 50,000, alongside a similar surety amount.

Arguments Presented in Court

The counsel representing Muntzeer Tyagi, including Advocate Deepak Sharma and his associates, argued that their client had been in judicial custody since March 29, 2023, and highlighted the extensive delay in the trial proceedings. They asserted that the majority of witnesses remain to be examined and anticipated that the process would take considerable time. The defence contended that the bail application should be granted based on the circumstances outlined, emphasising that Tyagi’s continued detention was unjustifiable given the current state of the trial.

Conversely, the prosecution, represented by the Delhi Police, opposed the bail petition, highlighting that Muntzeer Tyagi is reportedly one of the founding members of the crime syndicate led by Salman Tyagi, who is now deceased. They claimed that Tyagi’s involvement in the syndicate involved illegal firearms and a history of unlawful activities aimed at financial gain. The police maintained that allowing bail would pose a threat to society, citing a documented history of six cases against him.

The prosecution further raised concerns regarding the validity of the sanction required under section 23(2) of the MCOCA, arguing that it was affected by a lack of mindfulness surrounding the possession of alleged unaccountable property. They emphasised the need for strict measures to ensure public safety in light of Tyagi’s alleged continuing threat to communal peace and order.

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