MCOCA case: Delhi High Court seeks police reply on former MLA Naresh Balyan bail plea
The Delhi High Court on Wednesday (June 25, 2025) directed the police to respond to the bail plea of former Aam Aadmi Party (AAP) MLA Naresh Balyan, who is arrested in a MCOCA case. Justice Manoj Jain issued notice to Delhi Police on his bail plea and posted the hearing on July 3, 2025.
The High Court also asked the superintendent of jail to send Naresh Balyan's nominal roll and a report on his medical status as the accused has also sought interim bail on health grounds. It directed the State to file an updated status report in the matter.
Senior advocate Sunil Dalal, representing Naresh Balyan, submitted his client was arrested in the MCOCA case on December 4, 2024, the day a trial court granted him bail in an alleged extortion case, and has been in custody since then.
Balyan had previously withdrawn the bail plea from the high court after the police filed a charge sheet in the case. He moved the trial court seeking bail, but faced rejected on May 27.
Balyan's counsel had previously argued there was 'no shred of evidence' against him and the case was 'completely frivolous' while claiming that the FIR did not even mention Balyan's name. 'Balyan himself raised a complaint against the crime,' he added.
Delhi HC transfers MCOCA case involving AAP MLA from Dwarka to Rouse Avenue court
The Delhi Police counsel opposed the bail plea saying like Unlawful Activities (Prevention) Act, there was a bar on granting bail to an accused under the Maharashtra Control of Organised Crime Act (MCOCA) unless certain conditions, including reasonable grounds to show the accused did not commit the crime were met which was not the case here.
Claiming there was a "continuous unlawful activity" to sustain invocation of MCOCA against Balyan, the special counsel for police had said no relief could be given to him. Balyan was accused of being a "facilitator" in an organised crime syndicate.
On January 15, a trial court denied bail to Balyan before which Delhi Police opposed Balyan's bail plea, claiming the investigation was at a crucial stage in the case, he accused could hamper the probe if allowed the reprieve.
The prosecutor had cited 16 FIRs lodged against the alleged syndicate members in various parts of Delhi and claimed it "created havoc in the society and has amassed huge illegal wealth". On January 29, the trial court had even refused to release him on custody parole to enable him to "guide" his wife who was contesting the Assembly polls in February 2025.
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