Pradeep Rathi @ Tota v. State NCT of Delhi

O R D E R %

01.09.2026

¶1By way of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ["BNSS"], the applicant seeks regular bail in connection with FIR No. 82/2017, dated 01.06.2017, registered at Police Station Crime Branch, Delhi, under Section 3 of the Maharashtra Control of Organised Crime Act, 1999 ["MCOCA"].

¶2Mr. Abhinandan Gautam, learned counsel for the applicant, has filed CRL.M.A. 24124/2026 seeking withdrawal of the present bail application, with liberty to challenge, by way of an appeal, the order of learned Trial Court dated 01.06.2026, declining bail to the applicant.

¶3By order dated 10.08.2026, learned counsel for the parties had been This is a digitally signed order. requested to assist the Court on the question of maintainability of the present bail application.

¶4Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor appearing for the State, submits that two other co-accused in the same FIR have preferred appeals against the dismissal of their respective bail applications by the learned Trial Court, being CRL.A. 1275/2025 and CRL.A. 214/2024. Both appeals are next listed before a co-ordinate Bench on 09.10.2026. He further submits that, in the circumstances, an appeal would be the appropriate remedy for the applicant as well.

¶5In view of the aforesaid, CRL.M.A. 24124/2026 is allowed. The present bail application is, accordingly, dismissed as withdrawn, with liberty to the applicant to avail the remedy of an appeal in accordance with law.

¶6It is clarified that this Court has expressed no opinion on the merits of the case, and the question of maintainability of a bail application in proceedings under MCOCA, is left open and is not being finally decided in the present proceedings. PRATEEK JALAN, J SEPTEMBER 1, 2026 Tg/SD/ This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010328332026 + BAIL APPLN. 2924/2026, CRL.M.A. 24124/2026 PRADEEP RATHI @ TOTA .....Petitioner Through: Mr. Abhinandan Gautam, Mr. Harsh Rana, Mr. Anish Sharma, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP ACP Bhagwati Prasad, Insp Arvind Kumar, AGS/Crime Branch CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN