MCOCA Case: Delhi HC Seeks Police Reply On Ex-MLA Naresh Balyan Bail Plea

Delhi High Court

The Delhi High Court on Wednesday issued a notice to the Delhi Police in response to a bail application filed by former Aam Aadmi Party legislator Naresh Balyan, currently in judicial custody under charges framed under the Maharashtra Control of Organised Crime Act.

Justice Manoj Jain directed the police to submit a reply and scheduled the next hearing for July 3.

The Court also instructed the Superintendent of Jail to furnish Balyan’s nominal roll—a detailed record of his incarceration—and a comprehensive report on his medical condition, in light of his plea for interim bail on health grounds.

Additionally, the Court directed the State to file an updated status report in the matter.

Arrest & Procedural History

Senior advocate Sunil Dalal, representing Balyan, informed the Court that his client was arrested on December 4, 2024—the same day a trial court had granted him bail in a separate extortion case. Balyan has remained in custody since that date.

Earlier, he had withdrawn a previous bail application filed before the High Court after the police filed the charge sheet. He subsequently approached the trial court, which rejected his bail application on May 27, 2025.

Defense Claims

Counsel for Balyan reiterated that the case was “completely frivolous” and devoid of any substantive evidence. It was argued that the original FIR did not mention Balyan’s name and that he had, in fact, raised a complaint regarding the underlying criminal activity. These points, the defense argued, negate the claim that Balyan was complicit in any organized criminal enterprise.

Prosecution Stand

Opposing the plea, the counsel for Delhi Police invoked the stringent bail provisions under MCOCA, which mirror those under the Unlawful Activities (Prevention) Act (UAPA). Under these statutes, bail cannot be granted unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty.

The police argued that such conditions were not met in Balyan’s case.

The prosecution alleged that Balyan acted as a “facilitator” in an organized crime syndicate and that his alleged involvement constituted “continuous unlawful activity,” a prerequisite for invoking MCOCA. The special public prosecutor further emphasized that no relief should be extended, citing ongoing and sensitive investigative procedures.

Prior Bail Denials & Allegations Of Syndicate Activity

A trial court had previously denied Balyan bail on January 15, 2025, following police arguments that his release could interfere with ongoing investigations. Authorities presented evidence of 16 FIRs lodged against alleged syndicate members across multiple Delhi districts, alleging that the group had “created havoc in the society” and accumulated vast amounts of illicit wealth.

On January 29, the trial court even declined Balyan’s request for custody parole to assist his wife, who was contesting the February 2025 Delhi Assembly elections, holding that his release—even for limited purposes—was inadvisable at that stage.