Delhi High Court Refuses Custody Parole To AAP MLA Naresh Balyan Booked In MCOCA Case

The Delhi High Court on Wednesday (January 29) refused to grant custody parole to Aam Aadmi Party (AAP) MLA Naresh Balyan who has been booked in a case registered under the stringent Maharashtra Control of Organised Crime Act, 1999, related to an alleged organised crime.

Balyan had sought custody parole on the ground that his wife was contesting the upcoming Delhi Legislative Assembly elections without any prior experience in politics.

Justice Vikas Mahajan refused to grant custody parole to Balyan and said that his case was different from that of riots accused Tahir Hussain.

Balyan's regular bail plea will be heard on January 30.

Balyan had relied upon the Supreme Court decision granting custody parole to 2020 North East Delhi riots accused, Tahir Hussain, for contesting the polls.

The plea was opposed by the Delhi Police on the ground that his wife and not Balyan, who is the accused, was the candidate and that investigation in the case was underway.

Balyan was arrested in the case on December 4 last year. He has been granted bail in an extortion case.

He was denied bail in the MCOCA case by the trial court on January 15. It was observed that there was substantial evidence linking him to an organized crime syndicate.

The trial court said that Balyan was actively involved in “ongoing unlawful activities as a member of the group.”

The Delhi Police has filed 16 FIRs against the members of Sangwan's syndicate, accusing them of engaging in extortion, violence, and other criminal activities across the national capital.

The prosecution had opposed Balyan's bail plea before the trial court alleging thay he was a “facilitator” in the organized crime syndicate.

Case Title: Naresh Balyan v. State 

Citation: 2025 LiveLaw (Del) 109