Ex-AAP MLA denied bail in MCOCA case

A Delhi court on Tuesday rejected the bail application of former AAP MLA Naresh Balyan in a case filed under the Maharashtra Control of Organised Crime Act (MCOCA). This was Balyan’s second attempt to secure bail.

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Balyan, who appeared before the court via videoconferencing, has been in judicial custody since December 4, 2024, following his arrest in connection with an organised crime syndicate allegedly led by gangster Kapil Sangwan, also known as Nandu.

The Delhi Police opposed the bail plea, arguing that no new circumstances had arisen apart from the time already spent in custody. They emphasised the seriousness of the allegations and noted that a supplementary charge sheet under Sections 3 and 4 of the MCOCA had been filed against Balyan.

Special Judge Dig Vinay Singh of the Rouse Avenue Court dismissed the bail plea after reviewing the submissions.

Special Public Prosecutor Akhand Pratap Singh strongly opposed the bail, pointing out that the defence’s arguments had already been considered and rejected by the previous court. “There is no new ground for seeking bail,” he said, noting that Balyan had earlier withdrawn his High Court appeal against the trial court’s refusal.

Balyan’s defence counsel challenged the validity of the FIR registration under the MCOCA, arguing that it was flawed and rendered the proceedings invalid. Advocates MS Khan, Rohit Kumar Dalal and Rahul Sahani appeared for Balyan.

The defence highlighted that Balyan had been in custody since early December despite alleged irregularities in the MCOCA approval. They also pointed out that Balyan was arrested in a separate case on November 30, 2024, granted bail and immediately re-arrested in this case.

The defence claimed that the police had known about the clip for over a year but misled the court by stating it was discovered only after the FIR was filed on August 28, 2024. Evidence showed the police had contacted a news channel about the clip as early as July 2023.

The defence further argued that Balyan had not engaged in any fresh criminal activity to justify the application of the MCOCA.