HC asks police to respond to Balyan’s bail plea in MCOCA case

The Delhi High Court on Wednesday sought a response from the city police on the bail plea of former Aam Aadmi Party MLA Naresh Balyan, who is arrested in a Maharashtra Control of Organised Crime Act (MCOCA) case.

The court directed the jail superintendent to submit Mr. Balyan’s nominal roll and a medical status report after his counsel sought interim bail on health grounds. It also instructed the State to file an updated status report on the matter.

Senior advocate Sunil Dalal, representing Mr. Balyan, submitted that 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. The former AAP MLA was accused of being a “facilitator” in an organised crime syndicate.

A trial court denied bail to Mr. Balyan on May 27 after he withdrew an earlier bail plea from the High Court after police filed a chargesheet against him.

The Delhi Police counsel argued that MCOCA provisions impose strict conditions similar to the Unlawful Activities (Prevention) Act, and bail can only be granted if it is proven that the accused did not commit the crime, which the police claim is not met in this case.

Claiming there was a “continuous unlawful activity” to sustain invocation of MCOCA against Mr. Balyan, the special counsel for the police had said no relief could be given to him.

On January 15, a trial court denied bail to Mr. Balyan after the police claimed that the investigation was at a crucial stage in the case, and the 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 even refused to release him on custody parole to enable him to “guide” his wife who was contesting the Assembly poll in February this year.