Special Judge under the MCOC Act Satyanarayan R Navander said the material against Sriwastav could not be viewed as showing mere acquaintance with the alleged shooters or conspirators. “The material on record prima facie connects him with the principal accused and the persons alleged to be members of the organised crime syndicate and indicates his alleged involvement in the conspiracy and in providing assistance to the principal accused after commission of the offence. Mumbai: A special court on Monday rejected the bail plea of Aakash Sriwastav, accused of being associated with the alleged organised crime syndicate behind the murder of NCP leader and former state minister Baba Siddiqui.
During the investigation, police said that the roles of several others emerged, leading to the arrest of 27 accused. Sriwastav was caught on Nov 10, 2024, along with alleged principal accused Shivkumar Gautam and other co-accused from Uttar Pradesh.
The prosecution said the group was taken to Kaisarganj police station and then brought to Mumbai. The court said that at the bail stage, a detailed appreciation of evidence was not required, but the court had to consider whether there were reasonable grounds to believe that the accused was not guilty, as required under MCOCA. The judge said, “Retraction (of confession) by itself does not warrant complete exclusion of the statements from consideration at the stage of bail. The court said the two confessional statements had to be considered with witness statements, call records and the circumstances of apprehension. On the arrest objection, the court said the prosecution had explained that Sriwastav and others were apprehended, taken to the local police station and then brought to Mumbai, where formal arrest was recorded.
The Maharashtra Control of Organised Crime Act was later invoked. The voluntariness, admissibility, evidentiary value and effect of the alleged retractions are matters which can be appropriately examined during trial. The order noted that the confession of Shivkumar Gautam was relied upon for the alleged role of Sriwastav in providing assistance and harbour, while the confession of Harish Kumar Kashyap was relied upon for alleged meetings, association, discussions and later movement towards the Nepal border. The court held that the legality of arrest and any evidentiary consequences could be examined at the appropriate stage, but the objection did not neutralise the material collected during investigation.
Sriwastav has been in custody since then.
Judge Denies Bail in Ongoing Legal Case
A judge has ruled against granting bail to the accused, stating, “Therefore, this is not a fit case for grant of bail.” The judge emphasized that there are no reasonable grounds to believe the accused is not guilty of the charges brought against him.