Delhi Court Denies Bail to Former AAP MLA Naresh Balyan in MCOCA Case

Delhi Court Denies Bail to Former AAP MLA Naresh Balyan in MCOCA Case

A Delhi court on Tuesday rejected the second bail plea of former Aam Aadmi Party (AAP) MLA Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA), citing lack of substantial grounds.

Special Judge Dig Vijay Singh passed the order while Balyan appeared via video conferencing from judicial custody.

The Delhi Police had filed a supplementary chargesheet on May 1, 2025, naming Balyan and three others—Sahil alias Poli, Vijay alias Kalu, and Jyoti Prakash alias Baba—as accused in connection with an alleged organised crime syndicate led by gangster Kapil Sangwan, also known as Nandu. Balyan was arrested on December 4, 2024, and remains in custody, although he was earlier granted bail in a separate extortion case.

Opposing the bail plea, Delhi Police argued that the investigation is at a crucial stage and releasing Balyan could hinder the inquiry. The prosecution also pointed to the gravity of the allegations and informed the court that additional charges under Sections 3 and 4 of MCOCA had been formally submitted.

Special Public Prosecutor Akhand Pratap Singh, appearing for Delhi Police, emphasized that the trial court had already considered the defence’s arguments and that no fresh grounds had been presented. He also noted that Balyan had previously withdrawn a bail appeal from the Delhi High Court.

On the other hand, the defence team—Advocates M.S. Khan, Rohit Kumar Dalal, and Rahul Sahani—challenged the validity of the FIR, arguing that the sanction for invoking MCOCA was defective. They claimed that the flawed sanction rendered all subsequent proceedings legally unsustainable.

The defence also highlighted that Balyan has been in custody since early December 2024, despite obtaining bail in a separate case prior to his arrest in this matter. A key piece of evidence cited by the prosecution is an audio clip allegedly featuring conversations between Balyan and gangster Kapil Sangwan. However, the defence contested the timeline, arguing that Delhi Police was already aware of the audio prior to the FIR date of August 28, 2024, referring to a police notice dated July 1, 2023, sent to a media outlet regarding the same recording.

The defence further asserted that there has been no fresh criminal conduct by Balyan that would justify the application of MCOCA.

Earlier, on May 5, the court had taken cognizance of the supplementary chargesheet, formally charging Balyan under MCOCA provisions for the first time. The court has scheduled daily arguments on the framing of charges starting June 3, and extended the judicial custody of all accused until the next hearing. The Delhi Police has also been directed to expedite the investigation against co-accused Vikas Gehlot.


 

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