A Delhi court on Tuesday, 27 May 2025, rejected the bail application of former Aam Aadmi Party (AAP) MLA Naresh Balyan in connection with a high-profile MCOCA (Maharashtra Control of Organised Crime Act) case. This decision follows allegations that Balyan was a part of a major organised crime syndicate operated by gangster Kapil Sangwan, also known as Nandu.

Delhi Police strongly opposed the bail request, asserting that the charges are extremely serious and that no change in circumstances had occurred since the last bail hearing. According to the police, a supplementary charge sheet had already been filed under Sections 3 and 4 of MCOCA, further strengthening the case against Balyan.

Background of the Case

Naresh Balyan, a former MLA from Delhi's Uttam Nagar constituency, was arrested on 4 December 2024. The arrest was made as part of a broader investigation into an organised crime syndicate led by gangster Kapil Sangwan. The syndicate is alleged to be involved in multiple criminal activities across Delhi and adjoining regions.

Prior to this arrest, Balyan had been granted bail in another case registered against him on 30 November 2024. However, he was immediately re-arrested under the MCOCA charges, raising questions about a possible pattern of continued criminal association.

Court Proceedings

During the latest court hearing, Special Public Prosecutor (SPP) Akhand Pratap Singh represented the Delhi Police and opposed the bail application. Singh argued that the predecessor court had already heard and dismissed similar arguments from Balyan's counsel in an earlier bail attempt.

“There is no new ground for granting bail,” said the SPP. He also pointed out that Balyan had previously withdrawn his appeal against the trial court’s order from the Delhi High Court, which further diminished the merits of his current plea.

Defence Argument

Represented by Advocate MS Khan alongside Advocates Rohit Kumar Dalal and Rahul Sahani, Balyan’s legal team challenged the legality of the FIR and the subsequent proceedings. They argued that the approval to register the case under MCOCA was not valid, thus rendering the entire chain of legal proceedings null and void.

The defence maintained that Balyan had been in custody for over five months, with the MCOCA invocation based primarily on an audio clip allegedly featuring a conversation between Kapil Sangwan and Balyan.

They further claimed that the audio clip had been in the possession of police for over a year, contradicting police claims that the clip surfaced only after the FIR was lodged on 28 August 2024. This, according to the defence, indicates that the police misled the court to get the FIR registered under MCOCA.

Supplementary Charge Sheet Details

On 5 May 2025, the Rouse Avenue Court formally accepted a supplementary charge sheet naming Naresh Balyan and three other accused: Sahil alias Poli, Vijay Gahlot alias Kalu, and Jyoti Prakash.

This second supplementary charge sheet is the first to include Balyan as an accused under Sections 3 and 4 of MCOCA. Section 3 primarily deals with organised crime offences, while Section 4 pertains to abetment and aiding such criminal acts.

The court found enough merit in the supplementary evidence to reject Balyan’s plea, affirming that the gravity of charges and evidence outweighed the plea for release.

Delhi Police’s Stand

The Delhi Police maintains that Balyan’s involvement is not incidental but rather integral to the functioning of the organised gang. According to their submissions, financial transactions, call records, and the controversial audio tape all point to active collaboration between Balyan and gangster Kapil Sangwan.

Police claim that Balyan’s political stature was leveraged to shield criminal activities, facilitating illegal operations and extending the gang’s influence. The use of MCOCA in this case is grounded in the view that multiple crimes have been committed by an organised syndicate with political backing.

Political Implications

The arrest and ongoing prosecution of Naresh Balyan, who was once seen as a rising figure in the Aam Aadmi Party, have political ramifications. Opposition parties have seized the opportunity to attack AAP, alleging that the party has failed to maintain internal discipline and has allowed individuals with criminal tendencies to operate under its banner.

The Aam Aadmi Party, on the other hand, has remained largely silent on the issue, with no official statement issued in response to the latest court development.

Conclusion and Way Forward

The court’s decision to reject the bail plea of Naresh Balyan underlines the seriousness of the charges and the robustness of the evidence gathered by Delhi Police so far. The court has clearly signalled that it will not grant bail in cases involving grave organised crime accusations without compelling reasons or a significant change in circumstances.

While Balyan’s defence team is likely to continue challenging the MCOCA invocation and the legitimacy of the FIR, the acceptance of the supplementary charge sheet has already cemented Balyan’s position as a key accused.

As the investigation continues and more facts are likely to emerge in the coming weeks, the case could set a legal precedent in applying MCOCA to political figures and may affect the future of organised crime legislation and political accountability in Delhi and beyond.

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