delhi-hc-to-hear-naresh-balyan-s-bail-plea-in-mcoca-case

Aam Aadmi Party (AAP) MLA Naresh Balyan has approached the Delhi High Court seeking bail in a case filed under the stringent Maharashtra Control of Organized Crime Act (MCOCA).

 

His request comes after a trial court recently rejected his bail application. Balyan, who was arrested on December 4 in connection with the MCOCA case, had earlier been granted bail in an extortion-related matter.

 

The Delhi High Court is expected to hear his bail plea on Monday. Balyan's legal team is hopeful that the court will consider his case favourably. However, the recent ruling by the trial court has put a strain on his chances.

 

In the January 15 order, Special Judge Kaveri Baweja pointed out that there was substantial evidence linking Balyan to an organised crime syndicate. The court further noted that Balyan seemed to have played an active role in the unlawful activities of the syndicate.

 

During the January 8 hearing, Delhi Police strongly opposed Balyan’s bail application. They accused him of being a facilitator for the crime syndicate allegedly headed by Kapil Sangwan.

 

Special Public Prosecutor Akhand Pratap Singh argued that Balyan had funded one of the syndicate members after a crime had been committed, helping them evade arrest.

 

The prosecution also expressed concerns about the possibility of Balyan influencing witnesses, destroying evidence, or obstructing the investigation if granted bail.

 

The police have filed 16 FIRs against members of Sangwan’s syndicate, alleging their involvement in extortion, violence, and a range of other criminal activities across Delhi.

 

These charges have added considerable weight to the prosecution's case.

 

On the other hand, Balyan’s defence team has argued that there is insufficient evidence directly linking him to any criminal activities.

 

However, despite the defence's objections, the trial court found the arguments put forth by the prosecution more compelling. As a result, Balyan’s initial bail application was rejected.

 

The MCOCA, under which Balyan is charged, is a stringent law aimed at tackling organised crime. It provides law enforcement agencies with enhanced powers to deal with criminal syndicates, including the ability to detain suspects for longer periods and tap into their communications.

 

It is typically used in cases involving gang violence, extortion, and other forms of organised crime.