New Delhi: Delhi Police on Thursday informed the Delhi High Court there was no urgency in AAP leader and Uttam Nagar MLA Naresh Balyan's plea seeking interim bail in a MCOCA case owing to the upcoming assembly elections. Justice Vikas Mahajan said as the case required testing the "twin conditions" even for bail in the interim, the his regular bail should be decided.
"When twin conditions have to be fulfilled for interim bail also, we should consider it finally," the court said and posted the hearing on January 28. The police counsel said in view of the Supreme Court's split verdict on the issue of grant of interim relief to Delhi riots accused Tahir Hussain, there was "no urgency" to decide Balyan's plea.
Balyan's counsel still sought interim bail saying no offence under MCOCA was made out against his client. The MLA sought interim bail on the ground that his wife was contesting assembly elections on February 5. The senior counsel appearing for Balyan argued there was no evidence against the MLA to associate him with the gang allegedly being operated by Kapil Sangwan.
"I am not linked to the gang at all. I am the one filing complaint against them," he said. The senior lawyer said that the alleged confessional statements against Balyan were not admissible in law and the arrest was made on the same as he was granted bail by the trial court in an alleged extortion case. The police's counsel said his arguments to oppose the plea would "take some time".
Balyan's counsel previously argued there was "no shred of evidence" against him and the case was "completely frivolous". The FIR, argued the counsel, did not even mention Balyan's name and the MLA himself raised a complaint against the crime.
The police accused Balyan of being a "facilitator" in an organised crime syndicate and arrested him under the Maharashtra Control of Organised Crime Act (MCOCA) on December 4, 2024, the day he was granted him bail in an alleged extortion case.
On January 15, a trial court rejected his bail plea. Delhi police then opposed Balyan's bail application, claiming the investigation was at a crucial stage in the case and he could hamper the probe. The prosecutor cited 16 FIRs lodged against the alleged syndicate members in various parts of Delhi and claimed it "created havoc in the society and has amassed huge illegal wealth".
