Supreme Court to Hear Ex-AAP MLA Naresh Balyan's Bail Plea in MCOCA Case

The Supreme Court has agreed to hear former Aam Aadmi Party MLA Naresh Balyan's plea seeking bail in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA). A bench of Justices Vikram Nath and Meeta Mehta has sought a response from the Delhi Police within four weeks.

Background and Arrest

Balyan was arrested under MCOCA on December 4, 2024 — the same day a trial court granted him bail in a separate extortion case. He subsequently moved the Delhi High Court for bail, arguing that there was no evidence against him and that the case was politically motivated.

The trial court had earlier denied him bail on May 27, 2025.

Delhi High Court's Rejection

The Delhi High Court rejected Balyan's bail plea on August 3, dismissing his contention of political vendetta as "completely unsubstantiated." The court noted an "active criminal nexus" between Balyan and Kapil Sangwan, remarking that complaints Balyan had previously lodged against Sangwan could not negate the incriminating material gathered against him.

"Merely because the appellant (Balyan) had lodged complaints against Sangwan, the material collected by the investigating agency cannot be ignored," the high court observed, adding that a 'broad assessment' showed a 'discernible nexus' between Balyan and other syndicate members. Whether the complaints were genuine or a "clever ploy," the court said, was a matter for trial.

The high court noted 17 FIRs lodged against the syndicate, along with a separate case of double jeopardy that it did not consider applicable.

Divergent Numbers in Prosecution Submissions

The trial court denied Balyan bail on May 27, 2025. At that hearing, the prosecutor told the court that 16 FIRs had been filed against alleged syndicate members across Delhi, and that the group had "created havoc in society" and accumulated illegal wealth. The high court, when it later reviewed the case on August 3, referenced 17 FIRs against the syndicate. The two figures have not been reconciled by either court in the material reported to date.

Balyan had earlier argued at the high court that there was no evidence against him and that the case was "completely frivolous." The high court rejected this, stating that "merely because the appellant had lodged complaints against Kapil Sangwan in the past, the material collected by police cannot be negated and annulled, particularly when the conversation between him and Sangwan demonstrates an active criminal nexus between the two."