JUDGMENT:- This is an application for grant of bail. The applicant has been arrested for the offence punishable under Sections 3(1)(ii), 3(2), 3(3), 3(4), 3(5) and Section 4 of MCOC Act, 1999 in Crime No.3222/2002. 2. Heard learned Counsel for the applicant and learned APP for the respondent. 3. Shri. Tiwari, the learned Counsel for the applicant submits that the provisions of MCOC Act are not at all applicable to the present case. He submits that for prima facie establishing the involvement of an accused for the offence punishable under MCOC Act, it is necessary that the person charged has to be engaged in an unlawful activities, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency. 4. As against this, Shri. Y.B. Mandpe, the learned APP, vehemently opposes the application. He submits that in view of the provisions of sub-section (4), Section 21 of the said Act, the applicant is not entitled to be released on bail unless there are reasonable grounds for believing that he is not guilty and that he is not likely to commit any offence. 5. The prosecution mainly relies on five crimes registered against the present applicant. It is not in doubt that out of the five, first three relate to the period, prior to the present Act coming into effect. No doubt that in view of the provisions of sub-sections (d) and (e) of Section 2 of the said Act, the said crimes can be taken into consideration for finding as to whether the present applicant is engaged in continuing any unlawful activities. However, In view of the judgment of the Division Bench of this Court in the case of Bharat Shantilal Shah Vs. State of Maharashtra (reported in 2003 ALL MR (Cri) 1061) the said offences can be taken into consideration so as to provide penalty for them under the present Act. 6. That leaves us with only two offences. In so far as the offence vide Crime No.371 of 1999 is concerned, the present applicant is already acquitted of the said charges. The only case that can be taken into consideration for prima facie finding as to whether there exists a case for establishing the complicity of the present accused for the offence punishable under MCOC Act is for the Crime No.609/2000. The only case that can be taken into consideration for prima facie finding as to whether there exists a case for establishing the complicity of the present accused for the offence punishable under MCOC Act is for the Crime No.609/2000. Perusal of the charge would also show that the incident is also arising out of personal enmity between two groups. It is not the allegation of the prosecution that the said incident is with a motive of gaining pecuniary benefits or gaining undue economic or other advantage for the accused/applicant or for any other person or for promoting insurgency. 7. In that view of the matter, I find that the bar of Section 21(4) would not be prima facie applicable in the facts of the present case. 8. It is stated by the applicant that he has deep roots in the society as he is gainfully engaged in the business of Chillies. It is submitted that he is also an income tax payee, filing his returns regularly. 9. In that view of the matter, the application deserves to be allowed. The application is allowed on stringent conditions. Hence, the order. (1) The applicant is directed to be released on bail on his furnishing bail bonds of Rs.50,000/- (rupees fifty thousand only) with two sureties of the like amount. (2) The applicant shall report to the Police Station, Sakkardara, Nagpur twice in a week. The applicant shall not leave the area of Nagpur Commissionerate without the prior permission of the Investigating Officer. (3) It is made clear that the applicant shall co-operate with the investigation. The applicant shall not in any way make an attempt to influence the witness or tamper with the evidence. (4) It is further made clear that if the applicant indulgence in any criminal activities or make an attempt to influence the witnesses, the State shall be at liberty to apply for cancellation of bail granted to the applicant. 10. The observations made herein are purely prima facie in nature and the learned Sessions Judge would not be influenced in any manner by the observations made hereinabove.