The Delhi Police, on Thursday, informed the Delhi High Court that there was no urgency in adjudicating the interim bail application filed by AAP leader and Uttam Nagar MLA Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA), even in light of the forthcoming assembly elections.
Justice Vikas Mahajan underscored that the “twin conditions” for bail mandated under MCOCA are equally applicable to interim bail. This principle, he noted, necessitates prioritizing the adjudication of Balyan’s regular bail plea over the interim relief sought. “When twin conditions have to be fulfilled for interim bail also, we should consider it finally,” the court remarked, deferring the hearing to January 28.
The counsel representing the police invoked the Supreme Court’s split verdict on interim relief granted to Delhi riots accused Tahir Hussain to contend that there was no immediate necessity to resolve Balyan’s petition. Conversely, Balyan’s legal representative argued that his client was not implicated in any substantive offence under MCOCA. They emphasized that interim bail was crucial given that Balyan’s wife is a candidate in the assembly elections scheduled for February 5.
The senior advocate for Balyan asserted that the allegations against the MLA lacked evidentiary support. He further argued that Balyan had no affiliation with the gang purportedly operated by Kapil Sangwan, a claim central to the prosecution’s case. “I am not linked to the gang at all. I am the one filing complaints against them,” Balyan stated. His counsel additionally contended that the alleged confessional statements implicating him were inadmissible under the law, emphasizing that the arrest followed his grant of bail in an extortion case.
The prosecution countered by asserting that Balyan had acted as a “facilitator” for an organized crime syndicate and that his release could compromise the ongoing investigation. They underscored the critical nature of the inquiry and cited 16 FIRs lodged against the syndicate’s members across Delhi. According to the prosecution, the group’s activities had “created havoc in society and amassed substantial illegal wealth.”
Balyan’s legal team dismissed these claims, characterizing the case as “completely frivolous” and devoid of merit. They argued that the FIR did not mention Balyan’s name and highlighted his proactive role in reporting the syndicate’s crimes. The trial court had earlier rejected Balyan’s bail application on January 15, a decision the police have since cited to reinforce their opposition to the current plea. The prosecution reiterated concerns that Balyan’s release could impede the investigation’s progress.
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