Delhi High Court refuses custody parole to AAP MLA Naresh Balyan

The Delhi High Court on Wednesday rejected the plea by Aam Aadmi Party (AAP) Member of the Legislative Assembly (MLA) Naresh Balyan seeking custody parole in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA) [Naresh Balyan v. State NCT of Delhi]..He sought relief in order to help with the election campaign of his wife who is contesting the upcoming Delhi assembly polls.Justice Vikas Mahajan declined to grant Balyan's prayer but said that he will hear the MLA's regular bail plea tomorrow.A trial court in Delhi had rejected Balyan's bail plea earlier this month, prompting the AAP leader to move the High Court for relief. .Balyan was arrested on December 4, 2024 on allegations that he was linked to a criminal syndicate headed by gangster Kapil Sangwan. On January 15 this year, Judge Kaveri Baweja rejected Balyan's bail plea, after observing that there was sufficient evidence to indicate a link between the AAP leader and the organised crime syndicate headed by Sangwan. The Rouse Avenue Court judge further noted the stringent requirements for bail under the MCOCA and held that Balyan did not satisfy these requirements to be released on bail. The judge opined that there is nothing to hold that Balyan was not guilty of the alleged offences or that he would not commit a similar offence while out on bail. She also agreed with the State's argument that Balyan may influence witnesses and hamper trial if he is allowed bail.Before this, Balyan had secured bail in an extortion case on December 4, only to be arrested hours later in the MCOCA case. .Advocate MS Khan, appearing for Balyan, sought parity with Tahir Hussain, a former AAP councillor and an accused in Delhi riots case, who was recently allowed custody parole by the Supreme Court to campaign for the polls."I cannot communicate with my wife. There is no phone to talk to my wife. No means of communication. . Jail is not providing any facility. My wife has no experience in campaigning. Please allow only 3 hours. Nobody can substitute the place of the husband," Khan said.Khan also said that Balyan will not be influencing any witnesses since he does not know anything about them or their whereabouts."I don’t know anything about the protected witnesses, where they live," it was argued.The Delhi Police opposed the plea, saying that the investigation is still ongoing.The Court eventually rejected the plea for custody parole, noting that the present case is different from the case of Tahir Hussain.