MCOCA court denies bail to Baba Siddique case accused Aakash Srivastav

A special court under the Maharashtra Control of Organised Crime Act (MCOCA) on September 21 rejected the bail application of Aakash Brijkumar Srivastav, an accused in the alleged organised-crime conspiracy behind the murder of former Maharashtra Minister Baba Siddique.

Special Judge Satyanarayan R. Navander held that the material placed by the prosecution prima facie indicated that Mr. Srivastav's alleged role extended beyond mere acquaintance with the principal accused.

The court said witness statements about his association with the other accused, call records and the circumstances in which he was apprehended along with co-accused Shivkumar Gautam and Harish Kumar Kashyap had to be assessed cumulatively. Taken together with two confessional statements recorded under Section 18 of MCOCA, these circumstances prima facie connected him to the alleged conspiracy, the court held.

Mr. Srivastav had argued that he did not take part in the actual shooting. The court said this alone was not enough to satisfy the stringent bail requirements under Section 21(4) of MCOCA, noting that the prosecution case rests on his alleged association with the organised crime syndicate, participation in the conspiracy and assistance given to the main accused after the murder.

The court also referred to the bail proceedings of co-accused Akhilendra Pratap Sureshsingh, whose plea was rejected by the Bombay High Court on April 24. In that case, the High Court had considered material relating to the alleged harbouring of the assailants, a Section 18 MCOCA confession, call records and his apprehension with other accused. The special court clarified that the High Court order did not determine Mr. Srivastav's plea but supported the view that such material was relevant to bail.

Mr. Sureshsingh then moved the Supreme Court. On September 21, a Bench of Justices J.B. Pardiwala and K. Vinod Chandran said it found no good ground to interfere with the High Court order and dismissed his Special Leave Petition. Pending applications, if any, were disposed of.

According to the prosecution, Mr. Srivastav was apprehended in Uttar Pradesh on November 10, 2024, along with Mr. Gautam and other co-accused, and was formally arrested the next day. The group had left their native place and was heading towards the Nepal border when it was intercepted, the prosecution said.

The prosecution relied in particular on the confessional statements of Mr. Gautam and Mr. Kashyap. Mr. Gautam's statement allegedly attributed to Mr. Srivastav a role in providing aid and harbour after the murder, while Mr. Kashyap's statement referred to meetings involving Mr. Srivastav and other accused, discussions about the alleged conspiracy and the activities of the alleged organised crime syndicate. Witness statements allegedly showed that Mr. Srivastav was associated with Mr. Gautam and several other accused, and that members of the group met at Mr. Sureshsingh's shop to discuss plans.

Defence counsel argued that Mr. Srivastav was not involved in the shooting, was not a member of an organised crime syndicate, and that the confessional statements relied on by the prosecution had been retracted. The defence also questioned the circumstances of his arrest and said there was no evidence of him receiving money in connection with the alleged conspiracy or the harbouring of an accused.

The court held that retraction alone did not justify excluding the confessional statements at the bail stage, and that questions of their admissibility and evidentiary value would be examined during trial. It concluded that Mr. Srivastav had failed to meet the requirements under Section 21(4) of MCOCA and rejected his bail plea.