New Delhi, Feb 3 (PTI) – The Delhi Police on Monday strongly opposed the bail plea of Aam Aadmi Party (AAP) MLA Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).
During the hearing before Justice Vikas Mahajan in the Delhi High Court, the police counsel argued that, similar to the Unlawful Activities (Prevention) Act (UAPA), MCOCA imposes strict conditions for granting bail. The counsel maintained that the required conditions, including reasonable grounds proving that Balyan did not commit the crime, were not met in this case.
The special counsel for the police asserted that there was "continuous unlawful activity" justifying the application of MCOCA against Balyan. He further contended that the accused was a "facilitator" in an organized crime syndicate and could not be granted any relief under the stringent provisions of the law.
"Under MCOCA, the individual’s role is not the primary focus. Instead, the crime of the syndicate must be assessed. Any assistance to an organized crime syndicate, even mere association, is sufficient for MCOCA provisions to apply," the police counsel submitted. He added that active involvement in extortion was not necessary and that aiding or abetting the crime was enough to be implicated under MCOCA.
Regarding Balyan’s objections concerning the sanction from the competent authority and the admissibility of confession statements from other accused, the police maintained that these issues would be addressed at the trial stage.
The High Court has scheduled the next hearing for February 13.
Background of the Case
Naresh Balyan was arrested on December 4, 2024, the same day a trial court granted him bail in an alleged extortion case. His legal counsel has argued that there is "no shred of evidence" against him and described the case as "completely frivolous." The counsel also pointed out that Balyan’s name was not mentioned in the FIR, and he had, in fact, filed a complaint against the crime in question.On January 15, a trial court denied him bail, with Delhi Police opposing his release on the grounds that the investigation was at a crucial stage and that Balyan’s release could hamper the probe. The prosecution cited 16 FIRsfiled against alleged syndicate members across different parts of Delhi and claimed that the syndicate "created havoc in society and amassed huge illegal wealth."
Additionally, on January 29, the court rejected Balyan’s request for custody parole, which he sought to assist his wife in contesting the upcoming assembly elections.
The case continues to unfold as the next hearing approaches.
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