The Delhi Rouse Avenue Court recently dismissed the bail application of AAP MLA Naresh Balyan, who has been accused under the Maharashtra Control of Organised Crime Act (MCOCA).
Balyan, arrested on December 4, 2024, is allegedly connected to gangster Kapil Sangwan, also known as Nandu.
The case revolves around accusations that Balyan is involved in an organised crime syndicate that allegedly engaged in extortion, land grabbing, and other illegal activities.
Special Judge Kaveri Baweja, after hearing arguments from both the defence and prosecution, refused to grant bail, emphasising the seriousness of the charges and the ongoing investigation.
Balyan, who is currently in judicial custody, had filed for bail, hoping to be allowed to carry out essential tasks, such as signing documents to open a bank account and formalising his candidacy for the upcoming Delhi Assembly elections.
However, this plea was not entertained, and the court has issued notice to Delhi police on the request.
The allegations against Balyan include accusations from the Delhi police that he was a facilitator and conspirator in a criminal syndicate led by Nandu. The police have argued that his role included providing financial support to syndicate members, enabling them to evade arrest after committing crimes.
Additionally, confessions from co-accused individuals and statements from witnesses have linked Balyan to several unlawful activities, including land grabbing and extorting money from businessmen, builders, and property dealers.
The defence, represented by Advocate M.S. Khan and his team, argued that the police had no new evidence to support the case.
The defence claimed that the information provided, including a video clip allegedly linking Balyan to the crime syndicate, was misleading and had been available long before the FIR was registered.
The counsel further stated that organised crime charges could not be applied without evidence of continuous criminal activity.
Despite these arguments, the prosecution, led by Special Public Prosecutor Akhand Pratap Singh, opposed the bail plea, asserting that there was sufficient evidence of organised crime.
According to Singh, the evidence, including witness statements and confessions, met the criteria for applying MCOCA.
He further stressed that Balyan's role in the crime syndicate involved facilitating land grabs and other criminal activities, and that his involvement had led to significant pecuniary gain for the accused and their associates.
The Delhi police had argued that Balyan’s arrest was warranted due to his involvement in the extortion of businessmen and other illegal acts carried out in collaboration with Nandu and his gang.
They pointed out that during the investigation, nine suspects were identified, four of whom remain untraceable, and that their involvement in the crimes would help to expose the full extent of the syndicate’s operations.
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