The Delhi High Court on Thursday (September 18, 2025) dismissed the second bail plea of alleged gangster Umesh @ Kala, who has been in custody for over six years under the Maharashtra Control of Organised Crime Act (MCOCA). Justice Neena Bansal Krishna ruled that despite prolonged incarceration, the gravity of the charges and his alleged active role in the notorious Tillu gang out weighed arguments of delay in trial.
Background
Umesh, a resident of Tajpur Kalan in North West Delhi, has been facing trial in multiple cases linked to organized crime, including murders, extortion, and gang rivalry. His counsel argued that he was falsely implicated and that no concrete recovery connected him to organized crime. They also stressed on humanitarian grounds: his wife's ill health, his father's urgent need for bypass surgery, and his record of complying with interim bail conditions in the past.
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The defense further leaned on constitutional protections under Article 21, pointing out that more than six and a half years of custody without conviction amounted to punishment before trial.
Court's Observations
The State, however, strongly opposed the plea, portraying Umesh as an ''active member of Sunil @ Tillu's crime syndicate,'' accused of daylight shootouts, murders of rivals and witnesses, and systematic extortion in Delhi- NCR. Prosecutors argued that releasing him could endanger witnesses and revive gang activity.
The bench noted the ''twin conditions'' under Section 21(4) MCOCA- that bail cannot be granted unless the court is satisfied that the accused is not guilty and unlikely to re- offend. Justice Krishna remarked,
''The applicant has failed to satisfy the twin test. The propensity to commit crime and silence witnesses is evident from past cases, including the murder of a key witness in FIR 466/2015.''
The court also rejected the defense plea that trial delay was sufficient to secure bail. Referring to Supreme Court rulings, the judge explained that while prolonged custody may weigh in favour of bail, in organized crime cases societal interest and the threat to justice system must prevail.
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Decision
After weighing both sides, Justice Krishna concluded that the trial was progressing- charges had already been framed and ten witnesses examined- so it could not be said that proceedings were stagnant. She stressed that releasing Umesh carried a real risk of him re- engaging in gang crimes.
''The circumstances do not justify grant of bail. The application is dismissed,''
The order stated, shutting the door once again on Umesh’s attempt for regular bail.
Case Tittle : Umesh @ Kala vs State (NCT of Delhi)
Case Number: Bail Application No. 1407/2025
