AAP MLA Naresh Balyan arrested in MCOCA case; gets bail in extortion matter

Delhi Police on Wednesday arrested AAP MLA Naresh Balyan in a case related to an alleged organised crime, while he was granted b

ail by a court here in another case related to alleged extortion.

Additional Chief Metropolitan Magistrate Paras Dalal granted relief to the accused on a personal bond of Rs 50,000 and a surety of like amount, saying the investigation cannot pick and choose the evidence gathered during the probe.

"On factual matrix, this court is not convinced with the investigation carried (out) so far. The alleged audio clip which is the main link of alleged criminal conspiracy between gangster Kapil and present accused/applicant has yet not been forensically examined or verified despite having been seized about 15 months back," the judge said.

He further noted that none of the victims or witnesses have alleged to have been threatened by the accused himself.

He further observed that the accused himself had filed three complaints in 2022 and 2024 of having received threats from gangster Kapil.

"Moreover, more victims had joined the investigation, however they denied having ever heard about the involvement of applicant/accused with gangster Kapil's gang. The investigation cannot pick and choose as to the evidence gathered during investigation," the judge said.

It was the duty of the investigation officer to forthwith investigate the authenticity of the alleged audio conversation seized in August 2023 and then even the complaints of the accused should have been investigated, the judge said.

"Till date, no other associate of the accused has been named or arrested. There is no evidence of any criminal nexus till date and no money trial has been found in the investigation. Even all the allegations are of year 2023 and none of the victim is stated to have been threatened since then," the judge noted.

The judge further said the accused was not required for custodial interrogation and he was not a flight risk, having been an MLA for two terms.

The judge further observed that the accused had no previous criminal record.

Police, which produced Balyan before court on the expiry of three-day custody, told the court that the accused was not required for further custodial interrogation and sought his 14-day judicial custody, which was denied by the judge.

Balyan, meanwhile, was arrested in the second case.

Earlier in the day, police moved an application before the court seeking its permission to arrest Balyan in the case lodged under the stringent Maharashtra Control of Organised Crime Act (MCOCA).

The judge, however, dismissed the application, calling it "not maintainable" and said, "whichever agency wants can arrest him (Balyan) as per the law".