No custody parole for Naresh Balyan in MCOCA case: Delhi HC

The Delhi High Court on Wednesday refused to release AAP MLA Naresh Balyan, arrested in a MCOCA case, on custody parole to enable him to "guide" his wife contesting the upcoming assembly polls. Delhi Police opposed the grant of custody parole to the lawmaker, saying investigation in the case was underway and certain witnesses also came forward.

Considering the police's stand, Justice Vikas Mahajan said he was not inclined to grant relief, and noted Balyan's case was different from that of riots' accused Tahir Hussain who was given a similar relief by the Supreme Court.

"Had he (Balyan) been contesting, it would've been different. Tahir Hussain is on a different footing. He is not contesting. Supreme Court also said Tahir Hussain is not a precedent," the judge held.


The court posted Balyan's bail plea for hearing on January 30 after his counsel said he would not press the relief of custody parole at this stage.

Balyan's lawyer M S Khan said the police's apprehension that the probe would be hampered was without any basis.

"I will be in custody. How will I go to witnesses? My wife is contesting the elections. No one is there to guide her. No one can substitute her husband.. Phone is also not provided to me (in jail)," he argued.

The lawyer said the case had "protected" witnesses and therefore their identity was not known to him.

On January 28, referring to the Supreme Court's reprieve to Hussain, Balyan urged the court to release him on custody parole for six hours after the police opposed his plea for interim bail in view of the assembly polls on February 5.

Balyan's counsel had argued there was "no shred of evidence" against him and the case was "completely frivolous". FIR did not even mention Balyan's name and the MLA had himself raised a complaint against the crime, he said.

The police accused Balyan of being a "facilitator" in an organised crime syndicate.

He was arrested in the MCOCA case on December 4, 2024, the day a trial court granted him bail in an alleged extortion case.

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".