New Delhi: The Delhi High Court on Monday (January 20) sought the response of the Delhi Police on a plea filed by Aam Aadmi Party (AAP) MLA Naresh Balyan seeking regular bail in a case lodged under the stringent Maharashtra Control of Organised Crime Act (MCOCA).
Justice Vikas Mahajan issued notice to the Delhi Police on Balyan’s bail plea and directed that the status report be filed before the next date of hearing.
What did Balyan’s counsel say?
Senior advocate Vikas Pahwa, who appeared for Balyan, urged the High Court to release him on the grounds that the Delhi assembly elections were approaching and his wife was contesting polls.
“Give me interim bail at least. I am not a criminal,” Pahwa said.
Pahwa argued that Balyan was not a criminal, there was no shred of evidence against him in the case and the case was completely frivolous. He further said that the First information Report (FIR) not even mentioned his name and he was the one who raised a complaint against the crime.
“If I (Balyan) am part of a syndicate, there must be FIR against me along with others. They have the power to arrest ..but there should be some substance (in the case),” Pahwa said and added, “They arrested me on the same day (as he was granted bail in another case) saying you are part of the gang you made a complaint against,” news agency PTI reported.
The counsel representing the police sought time to file a status report.
The High Court has posted the matter for hearing on January 23.
Trial court denied Balyan bail in MCOCA case on January 15
The trial court denied bail to Balyan in the case on January 15. The prosecution had opposed Balyan’s bail plea in the trial court and had urged the court to dismiss his plea seeking bail, alleging that he was a facilitator in the organised crime syndicate. It had further stated that Balyan, along with his absconding associates, were involved in the commission of organised crime, including extortion from businessmen.
Balyan was arrested in MCOCA case on December 4
Balyan was arrested in the case registered under the MCOCA by the Delhi Police on December 4 last year while he was in police custody in an alleged extortion case. He was granted bail by the court in an extortion case on December 4.
