The Delhi High Court has scheduled April 9 to hear the bail application of former Aam Aadmi Party (AAP) MLA Naresh Balyan, who is implicated in a case under the Maharashtra Control of Organised Crime Act (MCOCA). The decision to transfer the plea came from Justice Vikas Mahajan, who directed that the case be moved to the roster bench of Justice Ravinder Dudeja, who specializes in cases involving MPs and MLAs.
Balyan’s arrest on December 4, 2024, coincided with his receipt of bail in a separate alleged extortion case from a trial court. His legal representation, Advocate M S Khan, highlighted that Balyan has been in custody for nearly four months and pushed for an expedited hearing date.
During previous hearings, Balyan’s counsel argued vigorously against the charges, stating that the FIR lacks direct mentions of Balyan and dismissed the case as “completely frivolous.” They also noted that Balyan had initially filed a complaint against the crime, positioning him as a whistleblower rather than a perpetrator.
However, the Delhi Police’s counsel opposed the bail, citing the stringent provisions of the MCOCA, which closely resemble those of the Unlawful Activities (Prevention) Act in terms of bail restrictions. According to the police, the law bars bail unless there are reasonable grounds to believe the accused did not commit the alleged crime, a condition they argue has not been met in Balyan’s situation. The police further labeled Balyan a “facilitator” in an organized crime syndicate, claiming his activities sustain the conditions necessary for invoking MCOCA.
Previously, on January 15, a trial court had denied Balyan bail, with the prosecution citing an ongoing investigation at a “crucial stage” and expressing concerns that Balyan’s release might compromise the integrity of the probe. They pointed to 16 FIRs against members of the alleged crime syndicate, accusing them of creating significant societal disruption and accumulating substantial illicit wealth.
