Delhi High Court Denies Bail To Former AAP MLA Naresh Balyan

The Delhi High Court on Monday rejected former Aam Aadmi Party legislator Naresh Balyan's bail application under the Maharashtra Control of Organised Crime Act (MCOCA). The case involves his alleged connections with UK-based gangster Kapil Sangwan. A detailed copy of the verdict is awaited.

A bench of Justice Manoj Jain dismissed the plea.

"I’m dismissing it. End result is that we are dismissing it," Jain said.

Balyan had approached the high court to challenge a trial court order from May 27 that denied his second bail request.

Trial Court Findings

Special Judge Digvijay Singh had previously refused to grant Balyan relief on May 27. Singh concluded there were no reasonable grounds to rule out his alleged role in the criminal network.

"The criminal nexus between a politician and a gangster is perhaps the most perilous threat confronting a nation and its citizens and must be addressed with severity," Singh said in a 22-page order.

Delhi Police filed a chargesheet on May 1 and stated the former Uttam Nagar legislator utilised his political influence to finance Sangwan's criminal syndicate and protect its associates. Police also revealed that Balyan relied on virtual private networks and encrypted messaging platforms to communicate with the UK-based fugitive. They added he used mobile connections registered under his relatives' names to evade detection.

Defense Arguments Presented

Senior advocate Sunil Dalal represented Balyan. Dalal said Balyan has remained in prison since December last year while further adding that custody is unnecessary because investigators have concluded their probe into his client.

The defence petition characterised the arrest as "frivolous". Dalal said authorities based the action on old police cases and confessional statements from two co-accused individuals, in the absence of specific or fresh allegations against him.

Balyan's legal team said the current proceedings demonstrate an abuse of the stringent anti-terror provisions contained within the MCOCA framework.

Case History Details

The Crime Branch Anti-Gang Squad arrested Balyan in Dwarka on December 4, shortly after he was granted bail in the extortion case. The underlying dispute originated from an extortion attempt on May 31, 2022. A caller identifying himself as Kapil Sangwan demanded Rs 1 crore from a victim and threatened severe consequences for non-payment.

A city court rejected Balyan's initial bail request on January 15. He subsequently approached the high court but withdrew the petition on May 8 after police filed the formal chargesheet.

In a separate development, a Delhi court discharged Balyan in the primary extortion matter on Friday. The presiding judge said investigators proceeded on the assumption that "suspects were the culprits", noting a complete lack of direct evidence.