MCOCA Case: Delhi HC Sets April 9 To Hear Bail Plea Of Naresh Balyan

MCOCA

The Delhi High Court on Wednesday scheduled the bail plea hearing of former Aam Aadmi Party (AAP) MLA Naresh Balyan for April 9 in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).

Case Transferred

Justice Vikas Mahajan, who was initially hearing the matter, transferred the plea to the roster bench of Justice Ravinder Dudeja, who handles cases related to Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs).

Arrest & Legal Arguments

Balyan was arrested on December 4, 2024, the same day a trial court granted him bail in a separate extortion case. His lawyer, Advocate M.S. Khan, urged the court for an earlier hearing date, stating that Balyan has already been in custody for nearly four months.

Balyan’s defense has maintained that there is “no shred of evidence” against him, calling the case “completely frivolous.” His counsel argued that the FIR did not even mention Balyan’s name and pointed out that he was the one who initially raised a complaint regarding the crime.

Prosecution’s Opposition

The Delhi Police strongly opposed Balyan’s bail plea, arguing that, similar to the Unlawful Activities (Prevention) Act (UAPA), MCOCA imposes strict conditions on granting bail. The prosecution asserted that there must be reasonable grounds to believe the accused did not commit the crime—conditions that, according to them, were not met in this case.

The police further alleged that Balyan played the role of a “facilitator” in an organized crime syndicate and cited 16 FIRs lodged against syndicate members across Delhi. They claimed that the syndicate had created chaos in society and accumulated significant illegal wealth.

Previous Court Rulings

On January 15, a trial court denied bail to Balyan, stating that the investigation was at a crucial stage and that his release could hinder the probe. Later, on January 29, the court also refused to grant him custody parole to assist his wife, who was contesting the February 2025 Assembly elections.

With the Delhi High Court now set to hear Balyan’s bail plea on April 9, all eyes will be on whether the court grants him relief or continues to keep him in judicial custody. The case remains significant, given its political implications and the serious charges under MCOCA.