'Mere Phone Call With Accused Does Not Connect Person To Crime': Bombay High Court Grants Bail To Co-Accused In Baba Siddiqui Murder Case

The Bombay High Court has held that mere telephonic contact with a co-accused, without any material indicating knowledge of or participation in the organised crime syndicate or the crime itself, is insufficient to prima facie connect an accused to the offence. The Court observed that at the stage of considering bail under the stringent provisions of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), a bare allegation of having made calls, unaccompanied by evidence of conspiracy, knowledge, or facilitation, does not satisfy the statutory threshold.Justice Dr. Neela Gokhale was hearing a bail application filed by Akashdeep Karaj Singh, arraigned as Accused No. 24, in connection with the murder of former Maharashtra Minister Ziauddin Abdul Rahim Siddiqui @ Baba Siddiqui. The prosecution alleged that the applicant was a member of an organised crime syndicate led by Anmol Bishnoi and relied primarily on call data records showing that the applicant had made two calls to co-accused Sujit Singh using a third person's internet hotspot. The Court closely examined the material relied upon by the prosecution and found that the entire case against the applicant hinged on the two phone calls allegedly made on 7 October 2024. It noted that there was no material to establish that the applicant had knowledge of Accused No. 15's alleged role in the organised crime syndicate or that the calls were made in furtherance of the conspiracy. It observed:“Merely putting through a call to the mobile phone of A-15 prima facie does not connect the Applicant with the organised crime syndicate, unless it is demonstrated that the Applicant had knowledge of A-15 being engaged in assisting in any manner, an organised crime syndicate.”The Court further observed that the prosecution had failed to identify the recipients of the alleged international calls attributed to the applicant and that assertions regarding overseas coordination were unsupported by any substantive evidence.“A bare allegation unsupported by any material that the Applicant made international calls to supporters of the Organised Crime Syndicate in Canada, does not indicate his complicity in the offence,” the Court observed.The Court also emphasised that the applicant did not find mention in any of the confessions of the co-accused, despite a detailed narration of the roles of other accused persons. The Court held that the applicant's absence from these confessional statements further weakened the prosecution's case against him. It also rejected the prosecution's reliance on photographs allegedly showing the applicant holding a licensed firearm, noting that such material, by itself, did not establish his participation in the conspiracy or the commission of the offence.Applying the settled principles governing bail under Section 21(4) of the MCOCA, the Court held that the prosecution material did not disclose reasonable grounds to believe that the applicant was guilty of the alleged offences. Accordingly, the High Court allowed the bail application and directed that the applicant be released on bail subject to stringent conditions.Case Title: Akashdeep Karaj Singh v. State of Maharashtra [BAIL APPLICATION NO.3679 OF 2025]Click Here To Read/Download Order

'Mere Phone Call With Accused Does Not Connect Person To Crime': Bombay High Court Grants Bail To Co-Accused In Baba Siddiqui Murder Case

Saksham Vaishya

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