New Delhi, Feb 3 (PTI) Delhi police on Monday opposed in the Delhi High Court the bail plea of arrested AAP MLA Naresh Balyan in a MCOCA case.
Appearing before Justice Vikas Mahajan, the Delhi Police counsel said like UAPA, there was a bar on granting the relief of bail to an accused under MCOCA unless certain conditions, including reasonable grounds to show the accused did not commit the crime, were met and it was not the case in the present matter.
Claiming there was a "continuous unlawful activity" to sustain invocation of MCOCA against Balyan, the special counsel for police said no relief could be given to him.
Balyan is accused of being a "facilitator" in an organised crime syndicate.
"Under MCOCA, individual is not relevant. Crime of the syndicate has to be seen. Any assistance to an organised crime syndicate is enough for MCOCA. Mere nexus is sufficient," he submitted.
"It is not necessary to be included in the foundational crime of extortion. Aiding and abetting is enough," added the counsel.
He said Balyan's objections with respect to sanction from the competent authority and non-admissibility of "confession" statements of other accused would be tested at the time of trial.
The court posted the hearing on February 13.
Balyan was arrested in the MCOCA case on December 4, 2024, the day a trial court granted him bail in an alleged extortion case.
Balyan's counsel had argued there was "no shred of evidence" against him and the case was "completely frivolous" and said the FIR did not even mention Balyan's name and the MLA himself raised a complaint against the crime.
On January 15, a trial court denied bail to Balyan. Before the trial court, Delhi police opposed Balyan's bail application, claiming the investigation was at a crucial stage in the case, and if granted bail, the accused 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".
On January 29, the court refused to release him on custody parole to enable him to "guide" his wife who is contesting the upcoming assembly polls. PTI ADS AMK