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A Delhi court on Tuesday rejected the bail plea of former AAP MLA Naresh Balyan in an MCOCA case.
Delhi Police opposing Balyan’s bail plea, said that there had been no change in circumstances except for the time spent in custody.
The police added that the allegations against the accused are serious and that a supplementary charge sheet under Sections 3 and 4 of MCOCA (Maharashtra Control of Organised Crime Act) has already been filed against him.
Balyan was arrested on 4 December 2024, in connection with an organised crime syndicate, allegedly run by gangster Kapil Sangwan alias Nandu.
Delhi Police opposes AAP MLA Naresh Balyan’s bail application
In the court, Special Public Prosecutor (SPP) Akhand Pratap Singh, appearing for the Delhi Police, strongly opposed the bail application.
Singh said the predecessor court had already addressed the defence counsel’s arguments when deciding the earlier bail application.
“There is no new ground for seeking bail,” the SPP said, adding that Balyan had earlier withdrawn his appeal against the trial court’s bail rejection order from the High Court.
Advocate MS Khan, along with Advocates Rohit Kumar Dalal and Rahul Sahani, appeared for Balyan.
During the court hearing, Naresh Balyan’s counsel questioned the basis of the case, submitting that the approval for the registration of the FIR under MCOCA was not valid.
Therefore, the entire proceedings emanating from the FIR were invalid, the counsel said.
The defence submitted that Balyan had been in custody since 4 December 2024, even though the MCOCA approval was allegedly flawed.
On 30 November 2024, Balyan was arrested in another case and was granted bail. However, he was again arrested in the present MCOCA case immediately after securing bail in the previous case.
Balyan’s counsel said the sole basis for implicating him under MCOCA is an audio clip allegedly featuring conversations between Kapil Sangwan and the former AAP MLA.
The defence argued that the clip had been known to the police for over a year and that the police misled the court by claiming that the clip came to the Investigating Officer’s (IO) notice only after the FIR was registered on 28 August 2024.
On 5 May, the Rouse Avenue Court accepted the supplementary charge sheet filed against Naresh Balyan and three other accused: Sahil alias Poli, Vijay Gahlot alias Kalu, and Jyoti Prakash.
The supplementary charge sheet, the second in the case, is the first one to name Balyan as an accused. It has been filed under Sections 3 and 4 of MCOCA. Section 3 has been invoked against three of the accused.
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