The Delhi High Court will hear the bail plea of former Aam Aadmi Party (AAP) MLA Naresh Baliyan on April 9 in connection with the Maharashtra Control of Organised Crime Act (MCOCA) case.
Justice Vikas Mahajan initially heard the case, but he transferred it to Justice Ravinder Dudeja, who specializes in handling cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).
The authorities arrested Baliyan on December 4, 2024, in the ongoing MCOCA case, and a lower court granted him bail on the same day in an alleged extortion matter. However, he remains in custody as the MCOCA case progresses.
His lawyer, Senior Advocate MS Khan, informed the court that Baliyan had already spent nearly four months in jail, urging for the urgent hearing of his bail plea.
Khan emphasized that there is no concrete evidence to support the charges against his client, arguing that the case is fabricated.
He pointed out that the First Information Report (FIR) does not even name Baliyan, and in fact, Baliyan himself had lodged a complaint regarding the crime.
Delhi Police, however, strongly opposed the bail plea.
Representing the prosecution, the police counsel argued that, similar to the provisions of the Unlawful Activities (Prevention) Act (UAPA), MCOCA includes a statutory bar against granting bail to any accused individual.
The counsel asserted that allowing bail in such cases would undermine the strict provisions under the law designed to prevent organized crime.
As the legal battle intensifies, the Delhi High Court will consider both sides of the argument during the next hearing on April 9.
The outcome of this case could have significant implications for the interpretation of MCOCA in relation to bail.
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