AAP MLA Naresh Balyan Arrested by Delhi Police in MCOCA Case While Securing Bail in Extortion Charges

Delhi Police apprehended AAP MLA Naresh Balyan on Wednesday in connection with a suspected organised crime. However, he was granted bail by a court in another case involving alleged extortion. Additional Chief Metropolitan Magistrate Paras Dalal provided relief to Balyan on a personal bond of Rs 50,000 and a surety of the same amount.

The court expressed dissatisfaction with the investigation, noting that the primary evidence, an audio clip linking Balyan to gangster Kapil, had not been forensically examined despite being seized 15 months ago. The judge highlighted that no victims or witnesses claimed to have been directly threatened by Balyan.

Investigation Concerns

The judge pointed out that Balyan himself had filed three complaints in 2022 and 2024 about receiving threats from gangster Kapil. Despite more victims joining the investigation, they denied any knowledge of Balyan's involvement with Kapil's gang. The judge emphasised that the investigation should not selectively consider evidence.

The judge criticised the investigation officer for not verifying the authenticity of the audio conversation seized in August 2023. Additionally, Balyan's complaints should have been investigated promptly. No associates of Balyan have been named or arrested, and no criminal connections or money trails have been found.

Judicial Observations

The judge noted that all allegations date back to 2023, and no victim has reported being threatened since then. The court determined that Balyan was not needed for custodial interrogation and was not a flight risk, given his two-term tenure as an MLA. Furthermore, Balyan had no prior criminal record.

Police presented Balyan in court after his three-day custody expired but stated he was not required for further custodial interrogation. They sought a 14-day judicial custody, which the judge denied. Meanwhile, Balyan was arrested in a second case.

Legal Proceedings

Earlier, police applied to the court for permission to arrest Balyan under the Maharashtra Control of Organised Crime Act (MCOCA). However, the judge dismissed this application as not maintainable, stating any agency could arrest him according to the law.

The court's decision reflects concerns over the investigation's thoroughness and fairness. It highlights the need for comprehensive evidence examination and unbiased consideration of all facts before proceeding with legal actions against individuals.