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MCOCA case: Court reserves order on bail plea of ex MLA Naresh Balyan, police opposed

The Rouse Avenue court on Thursday reserved order on the bail plea of Ex AAP MLA Naresh Balyan in a case under MCOCA.

ANI May 22, 2025 17:48 IST googleads

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New Delhi [India], May 22 (ANI): The Rouse Avenue court on Thursday reserved order on the bail plea of Ex AAP MLA Naresh Balyan in a case under MCOCA.
Delhi police opposed the bail and said that there are serious Allegations against the accused and a supplementary charge sheet under sections 3 and 4 of MCOCA has been filed against him.
Balyan has been in custody since December last year in a case linked to an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu. He was arrested on December 4, 2025, in this case.
Special judge Dig Vinay Singh reserved the order till May 27 after hearing the submissions made by the counsel for the accused and the special public prosecutor (SPP) for the Delhi police.
SPP Akhand Pratap Singh appeared for Delhi Police and vehemently opposed the bail application. It was submitted that the defence counsel's submissions had been addressed by the predecessor court while deciding the accused's earlier bail application.
There is no new ground for seeking bail. His earlier bail application was dismissed by the trial court. He withdrew the appeal against the order from the High Court.
On the other hand, counsel for Naresh Balyan questioned the basis of the case, submitting that the approval for registration of FIR under MCOCA was not valid. Therefore, the entire proceedings emanating from the FIR are invalid.
Advocate M S Khan, along with Advocates Rohit Kumar Dalal and Rahul Sahani, appeared for Naresh Balyan.
It was submitted by the counsel for the accused that Balyan has been in custody since December 4, 2024, in this case, even though the approval for registration of FIR under MCOCA granted by the competent authority was not a valid one.
Therefore, the entire proceedings emanating from the FIR are also not valid. Apart from that, the investigation into the alleged offences has been completed, and a supplementary charge sheet has been filed. In this situation, advocate M S Khan submitted that the accused deserved to be released on bail.
It was also submitted that Balyan was arrested in another case on November 30, 2024. He was granted bail in that case. Therefore, he was arrested in the present case by the court the moment he was granted bail.
Counsel for the accused also submitted that the sole basis of connectivity is one audio clip allegedly having the voices of Kapil Sangwan and Naresh Balyan, which the police had known about for more than a year. However, the police misled the court by submitting that the clip came to the attention of the Investigation Officer (IO) after the registration of an FIR under MCOCA on August 28, 2024.
A notice was sent by the IO to a news channel on July 1, 2023, in connection with the audio clip. There is no new criminal activity on the part of Balyan for making him accused under MCOCA, counsel added.
Earlier, on May 7, the bail application of Naresh Balyan was withdrawn from the High Court.
The Rouse Avenue court on May 5 accepted the supplementary charge sheet filed against Ex MLA Naresh Balyan and three other accused.
This supplementary charge sheet has been filed against Naresh Balyan, Sahil alias Poli, Vijay Gahlot alias Kalu and Jyoti Prakash.
Meanwhile, today, the court has extended the judicial custody of all accused persons till the next date. The court has already taken cognisance of the main charge sheet.
The Supplementary charge sheet has been filed under sections 3, 4 of MCOCA against Naresh Balyan. Section 3 of MCOCA has been invoked against three accused, he added.
On May 1, Delhi Police filed a charge sheet against Former MLA Naresh Balyan and three other accused persons, namely Sahil alias Poli, Vijay alias Kalu, and Jyoti Prakash alias Baba, in an MCOCA case.
All these accused persons have been arrested in an MCOCA case related to an investigation against an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu.
This is the second supplementary charge sheet in this case, but the first charge sheet against Naresh Balyan. Earlier, a main charge sheet was filed against Ritik alias Peter. The first supplementary charge sheet was filed against Rohit alias Anna and Sachin Chikara. (ANI)

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