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A special court dealing with cases under the Maharashtra Control of Organised Crime Act (MCOCA) while denying an accused bail in the Salman Khan house firing case said since he is a member of the Lawrence Bishnoi gang, the possibility of committing similar crimes cannot be ruled out if he is released.
Last Thursday, the court rejected the bail application of Vicky Gupta who was among the six accused arrested by the Mumbai police following the firing near Bollywood actor Khan’s house on April 14.
In the detailed order available on Monday, the court also that the confessional statement of one of the accused and other evidence showed that Lawrence Bishnoi and other members of the gang planned the conspiracy to kill Salman Khan and committed the firing with intent and knowledge.
“…considering the nature of the offence the possibility of repeating similar crimes being a member of a gang cannot be ruled out,” special judge B D Shelke said.
Gupta had sought bail claiming that he was only riding the bike on which the shooter was sitting pillion and that they had no intention to cause harm to Khan. Gupta had also submitted that he was a ‘victim of circumstances’ and that his further custody was not required as the trial would take time.
The police have invoked MCOCA in the case, alleging that the conspiracy was planned by the Bishnoi gang for pecuniary advantage. Gupta had claimed that the Act does not apply to him as he has no criminal antecedents.
The court referred to previous crimes committed by the gang members and said there was a commonality. It said MCOCA was invoked based on the previous crimes. “Merely, on the ground that there are no criminal antecedents against this accused no (Gupta), he can not escape from the offences punishable under the MCOCA,” the court said adding that evidence shows his complicity in the offence.
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