MCOCA Case: Delhi Court Rejects Bail Plea Of Ex-MLA Naresh Balyan

Rouse Avenue Court

The Rouse Avenue Court on Tuesday rejected the second bail application of former Aam Aadmi Party MLA Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA).

Balyan, accused of links with an organised crime syndicate run by gangster Kapil Sangwan alias Nandu, has been in custody since his arrest on December 4, 2024. He appeared before Special Judge Dig Vinay Singh via video conferencing.

Prosecution Stance

Delhi Police Special Public Prosecutor Akhand Pratap Singh opposed the bail plea, arguing that nothing had changed since the previous application, except the time already spent in custody. The police highlighted the gravity of the allegations and noted that a supplementary charge sheet under Sections 3 and 4 of MCOCA had been filed against Balyan. “There is no new ground for seeking bail,” the SPP emphasized, also pointing out that Balyan had withdrawn his appeal against the trial court’s earlier bail rejection in the High Court.

Defence Arguments

Balyan’s counsel—Advocate M S Khan along with Advocates Rohit Kumar Dalal and Rahul Sahani—challenged the very foundation of the MCOCA case. They argued that the sanction for registering the FIR under MCOCA was invalid, rendering all subsequent proceedings void.

The defence stressed that Balyan has been in custody since December 4, 2024, even though the MCOCA approval process was allegedly flawed.

They further recounted that Balyan had been previously arrested in an unrelated case on November 30, 2024, and granted bail, only to be immediately re-arrested in the new MCOCA case.

Central to the defence was an audio clip purportedly capturing conversations between Kapil Sangwan and Balyan. According to the defence, the police had been aware of this clip since July 1, 2023—as evidenced by a notice sent by the investigating officer to a news channel—but misled the court by claiming it surfaced only after the FIR was registered on August 28, 2024.

The defence also noted that no fresh incriminating activity by Balyan had occurred to warrant invoking the stringent MCOCA provisions.

Case History

Earlier, on May 5, the court accepted a supplementary charge sheet naming Balyan and three other accused—Sahil alias Poli, Vijay Gahlot alias Kalu, and Jyoti Prakash—under Sections 3 and 4 of MCOCA, marking the first time Balyan was formally charged. This followed the main charge sheet against Ritik alias Peter and a first supplementary charge sheet against Rohit alias Anna and Sachin Chikara. Balyan had withdrawn his High Court bail application on May 7.

Next Hearing

Judge Singh dismissed the bail plea after hearing all submissions; the detailed order is pending publication. The court has directed that arguments on the charges resume daily from June 3 and extended the judicial custody of all accused until the next date.

Additionally, Delhi Police have been instructed to expedite the investigation concerning co-accused Vikas Gehlot.