Sumit Thakurs associate Uzair @Uzzi released on regular bail by Special Court MCOCA Act

Zafar Khan - Akola

Uzair @Uzzi Parvez Abdul Khalid has been released on regular bail by Special Court, MCOCA Act.
Uzair @Uzzi Parvez Abdul Khalid was arrested in connection with crime No.806/2023 registered with Jaripatka Police Station, Nagpur for the offences punishable under Sections 364, 397, 294 of the Indian Penal Code and under Section 3/25 of the Arms Act and under Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

The crime was  registered on the basis of report lodged by Kamal Anil Naik. As per the allegation on 16.10.2023 at about 12.10 a.m. when he along with his friends Atul Atram and Muzaffar Sheikh visited the house of Samrat Gondane on occasion of his daughter’s birthday. When they were standing in front of Ramesh Muttan shop, a white colour car came driving in a rash and negligent manner by co-accused Sumit Thakur and stopped near to the informant. The informant shouted upon the driver of the said car. The driver stopped the said car at some distance, thereafter the informant along with his two friends went near the car and questioned him about the manner in which he has driven the said car, on that count, the driver replied that his name is Sumit Thakur and whether he has not identified him and also threatened him that he will see him after dropping the girl who was along with him. On that count, there was altercation between them, thereafter the co-accused left the spot. He again came back at about 12.50 a.m. along with the other three persons. The said persons threatened the informant and his friends of dire consequence by pointing out Mauser. Thereafter, the co-accused took the informant and his friends forcefully in the car snatched the amount and their mobiles thereafter they were assaulted.

Adv Mir Nagman Ali appearing for Uzair submitted that, the name of the present applicant is not mentioned in the FIR. The statements of the witnesses namely Muzaffar Sheikh Abdul Sattar and Atul Raju Atram also not named the present applicant as an assailant. There is absolutely no evidence to show that he is either involved in any other crime along with the other co-accused or he has committed any crime in individual capacity Except the confession statement of the present applicant under Section 18 of the MCOC Act, there is no other material to connect the present applicant with the alleged offence. Even the confessional statement is in the nature of exculpatory statement. Thus, considering there is no material against the present applicant, therefore bar under Section 21(4) of the MCOC Act would not attract.
Adv Mir Nagman Ali appearing for Uzair submitted that, there is no material to show that the applicant is running or a member of an organized crime syndicate. Even, the chart placed on record along with the chargesheet nowhere shows that the applicant committed the offence as member of organized crime syndicate and none of offences are registered against him to show that the applicant has generated illegal wealth by committing the said crime. Thus, the provisions of the MCOC Act are not applicable.

Learned Special Court had also seen the CCTV Footage the spot of incidence but perusal of CCTV Footage did not reveal any involvement of Uzair in the crime, consequently Uzair was directed to be released on bail.
Adv Mir Nagman Ali appeared for Uzair @Uzzi.