Delhi HC Rejects AAP MLA Naresh Balyan's Plea for Custody Parole in MCOCA Case

Delhi HC Rejects AAP MLA Naresh Balyan's Plea for Custody Parole in MCOCA Case

The Delhi High Court on Wednesday dismissed AAP MLA Naresh Balyan's plea for custody parole in a case under the Maharashtra Control of Organised Crime Act (MCOCA) . Balyan had sought parole to assist in his wife's election campaign for the upcoming Delhi assembly polls.  

Justice Vikas Mahajan denied the request but scheduled a hearing for Balyan's regular bail plea on Thursday.  

Earlier this month, a Delhi trial court had rejected his bail application, leading him to approach the High Court for relief.

Case Brief:

Naresh Balyan, arrested on December 4, 2024, on charges of being linked to a criminal syndicate led by gangster Kapil Sangwan, sought custody parole for campaigning in the upcoming Delhi assembly polls. His request was rejected by the Delhi High Court on Wednesday.

On January 15, 2025, Judge Kaveri Baweja had already denied Balyan's bail application, citing substantial evidence of his connection to the crime syndicate. The judge also emphasized the stringent criteria for bail under the Maharashtra Control of Organised Crime Act (MCOCA), concluding that Balyan did not meet these conditions. She noted concerns that he might influence witnesses or commit similar offences if released on bail.

Earlier, Balyan had been granted bail in an extortion case on December 4, only to be re-arrested in the MCOCA case shortly after.

Senior Advocate Vikas Pahwa, representing Balyan, argued that his client should be granted temporary custody parole, citing the recent decision to allow former AAP councillor Tahir Hussain—an accused in the Delhi riots case—custody parole for election campaigning. Pahwa emphasized that Balyan had no means of communication with his wife and that his wife lacked experience in campaigning, requesting just three hours for assistance.

Pahwa further asserted that Balyan would not influence any witnesses, claiming he had no knowledge of their identities or locations.

However, the Delhi Police opposed the plea, asserting that the investigation was still ongoing. The Court, distinguishing this case from Tahir Hussain's, ultimately rejected Balyan's request for parole.

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