HC issues notice to Delhi Police on bail plea of AAP's Naresh Balyan, hearing on Jan 23

Jan 20, 2025

New Delhi [India], January 20 : The Delhi High Court on Monday issued notice to Delhi Police on a bail plea moved by Aam Aadmi Party (AAP) MLA Naresh Balyan in a case under the stringent Maharashtra Control of Organized Crime Act (MCOCA). Recently the trial court has refused to grant bail to him in the case.
The bench of Justice Vikas Mahajan issued a notice to Delhi Police fixed on January 23, 2025, for a detailed hearing in the matter.
Senior Advocate Vikas Pahwa, representing Balyan, expressed strong concerns about his client's arrest in the case. He argued that no offence had been committed and that there was no evidence against Balyan.
Pahwa emphasized that his client should not be held in custody for even a single day, stating, "I am a sitting MLA, not a criminal. Denying bail would frustrate the entire process. At the very least, I should be allowed to participate in elections and support my wife."
Balyan, who was arrested on December 4 in connection with the MCOCA case, had previously been granted bail in an extortion case.
In its January 15 order, the trial court, led by Special Judge Kaveri Baweja, noted that there was substantial evidence linking Balyan to an organized crime syndicate. The court emphasized that Balyan appeared to be actively involved in ongoing unlawful activities as a member of the group.
The Delhi Police had opposed Balyan's bail plea during a January 8 hearing, accusing him of acting as a "facilitator" for the crime syndicate allegedly led by Kapil Sangwan.
Special Public Prosecutor Akhand Pratap Singh argued that Balyan played a key role in funding one of the syndicate members following a crime, helping them evade arrest.
The prosecution also raised concerns that granting bail could allow Balyan to influence witnesses, destroy evidence, and impede the investigation.
The police have filed 16 FIRs against the members of Sangwan's syndicate, accusing them of engaging in extortion, violence, and other criminal activities across Delhi.