Justice Swarana Kanta Sharma Recuses From Hearing Former AAP MLA Naresh Balyan's Bail Plea In MCOCA Case

Delhi High Court judge, Justice Swarana Kanta Sharma, on Monday recused from hearing the plea filed by former Aam Aadmi Party (AAP) MLA Naresh Balyan seeking bail in a case registered against him under the stringent Maharashtra Control of Organised Crime Act, 1999, related to an alleged organised crime.

Justice Sharma recused from hearing the case which will now be listed before another judge April 23.

No reasons were given by the judge while recusing from the matter.

In January, a coordinate bench had refused to release Balyan on custody parole to enable him to "guide" his wife contesting the upcoming assembly polls.

Balyan is presently in judicial custody lodged at Mandoli jail. The case is linked with an alleged organized crime syndicate allegedly run by gangster Kapil Sangwan.

Earlier, he was denied bail in the MCOCA case by the trial court on January 15, 2024. 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 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 that he was a “facilitator” in the organized crime syndicate.

Title: Naresh Balyan v. State