Latest news with #NareshBalyan
India Gazette
28-05-2025
- Politics
- India Gazette
"Criminal nexus between politician and criminal most perilous threat to nation", says court rejecting bail plea of ex MLA Balyan
New Delhi [India], May 28 (ANI): The Rouse Avenue court on Tuesday rejected the bail plea of former AAP MLA Naresh Balyan, who is an accused in the MCOCA case linked with an organised crime syndicate allegedly run by UK-based gangster Kapil Sangwan. '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,' the court said while rejecting the bail plea. 'Having dismissed the accused's claim of any jurisdictional error in the approval grant and having reviewed the material against the accused including the statements of witnesses, the retracted confessional statements of co-accused, and the audio recording of the accused with the ringleader Kapil Sangwan based in the UK, this Court finds no reasonable grounds to believe that the applicant is not involved, as mandated under section 21(4) of MCOCA,' special Judge Dig Vinay Singh said in the order passed on May 27. Balyan had sought bail on the grounds that approval of the case under MCOCA against him was invalid. However, the court rejected the contention. The court said that the proposal for approval and the approval granted by the competent authority reflect sufficient material considered by the competent authority, as indicated by the proposal for approval itself, which details 15 FIRs registered up to July 2023, including some registered after FIR no 265/23. Therefore, the court said that the assertion of defective or improper approval appears to be inaccurate. The court further said that the applicant's contentions regarding the approval or the sanction being defective or lacking proper consideration, as well as the assertion regarding the registration of this FIR without any specific activity, and other grounds, the application must be dismissed as the twin conditions under Section 21(4) of MCOCA apply to the applicant. While rejecting the plea, the court clarified that an accused under MCOCA cannot be granted bail until the Court is satisfied that there are reasonable grounds to believe that the applicant is not guilty of such an offence and that the accused is not likely to commit any offence while on bail. There is ample material against the applicant. Thus, the necessary satisfaction under Section 21(4)(b) is absent. The court also discussed a presumption under MCOCA, which said that if it is established that an accused has provided financial assistance to an accused of, or reasonably suspected of, an offence of organised crime, the Special Court shall presume, unless proven otherwise, that such a person has committed the offence under Section 3(2). This presumption is also invoked prima facie in the current case against the applicant, as he is accused of providing financial assistance to a gang member after the commission of the crime to help him evade arrest, the special judge held. Special Public Prosecutor (SPP) Akhand Pratap Singh for Delhi Police opposed the bail plea. It was claimed that against Kapil Sangwan's crime syndicate, from 2021 to 2024, as many as 21 FIRs have been registered for heinous offences, including murder and extortion, with ongoing investigations in some cases, final reports filed in many cases, and various trials underway in different courts. The applicant (Balyan) was found to have secret applications installed on mobile devices used for communications with other syndicate members, which he acquired under the names of associates. The CFSL has identified those secret applications from seized mobile devices, SSP argued. Advocate MS Khan, along with Advocates Rohit Dalal and Rahul Sahani, appeared for Balyan. It was argued that under Section 2(d) of MCOCA, evidence of a new act demonstrating the continuity of unlawful activity is essential before claiming that an organised crime has occurred. Merely relying on past FIRs/charge-sheets without any new offence is insufficient to invoke MCOCA, the counsel for the accused argued. (ANI)
Mint
27-05-2025
- Politics
- Mint
Delhi court rejects bail plea of former AAP MLA Naresh Balyan in MCOCA case
A Delhi court on Tuesday rejected the bail plea of former AAP MLA Naresh Balyan in an MCOCA case. Delhi Police opposing Balyan's bail plea, said that there had been no change in circumstances except for the time spent in custody. The police added that the allegations against the accused are serious and that a supplementary charge sheet under Sections 3 and 4 of MCOCA (Maharashtra Control of Organised Crime Act) has already been filed against him. Balyan was arrested on 4 December 2024, in connection with an organised crime syndicate, allegedly run by gangster Kapil Sangwan alias Nandu. In the court, Special Public Prosecutor (SPP) Akhand Pratap Singh, appearing for the Delhi Police, strongly opposed the bail application. Singh said the predecessor court had already addressed the defence counsel's arguments when deciding the earlier bail application. 'There is no new ground for seeking bail,' the SPP said, adding that Balyan had earlier withdrawn his appeal against the trial court's bail rejection order from the High Court. Advocate MS Khan, along with Advocates Rohit Kumar Dalal and Rahul Sahani, appeared for Balyan. During the court hearing, Naresh Balyan's counsel questioned the basis of the case, submitting that the approval for the registration of the FIR under MCOCA was not valid. Therefore, the entire proceedings emanating from the FIR were invalid, the counsel said. The defence submitted that Balyan had been in custody since 4 December 2024, even though the MCOCA approval was allegedly flawed. On 30 November 2024, Balyan was arrested in another case and was granted bail. However, he was again arrested in the present MCOCA case immediately after securing bail in the previous case. Balyan's counsel said the sole basis for implicating him under MCOCA is an audio clip allegedly featuring conversations between Kapil Sangwan and the former AAP MLA. The defence argued that the clip had been known to the police for over a year and that the police misled the court by claiming that the clip came to the Investigating Officer's (IO) notice only after the FIR was registered on 28 August 2024. On 5 May, the Rouse Avenue Court accepted the supplementary charge sheet filed against Naresh Balyan and three other accused: Sahil alias Poli, Vijay Gahlot alias Kalu, and Jyoti Prakash. The supplementary charge sheet, the second in the case, is the first one to name Balyan as an accused. It has been filed under Sections 3 and 4 of MCOCA. Section 3 has been invoked against three of the accused.
NDTV
27-05-2025
- Politics
- NDTV
Delhi Court Denies Bail To EX-AAP MLA Naresh Balyan In Extortion Case
New Delhi: A Delhi court on Tuesday dismissed the bail application of former AAP MLA Naresh Balyan in a case lodged under the stringent MCOCA Act. Special Judge Dig Vijay Singh dismissed the application, saying there was no sufficient ground to grant the relief. This was the second bail application moved by Balyan in the case. He was produced before the court through video conferencing from jail. The Delhi Police on May 1 chargesheeted Balyan in the case. The supplementary chargesheet was filed against four accused persons -- Sahil alias Poli, Vijay alias Kalu, Jyoti Prakash alias Baba, and Balyan -- under stringent sections of the Maharashtra Control of Organised Crime Act (MCOCA). All accused persons were arrested in the case related to an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu. Balyan was arrested in the case on December 4 last year, whereas a court granted him bail in an extortion case. The court on January 15 denied him bail in the case. Delhi Police had argued the investigation was at a crucial stage in the case, and if granted bail, the accused would hamper the probe.
The Hindu
27-05-2025
- Politics
- The Hindu
Ex-AAP MLA Naresh Balyan denied bail in MCOCA case
A Delhi court on Tuesday (May 27, 2025) dismissed the bail application of former AAP MLA Naresh Balyan in a case lodged under the stringent MCOCA Act. Special Judge Dig Vijay Singh dismissed the application, saying there was no sufficient ground to grant the relief. This was the second bail application moved by Balyan in the case. He was produced before the court through video conferencing from jail. The Delhi Police on May 1 chargesheeted Balyan in the case. The supplementary chargesheet was filed against four accused persons — Sahil alias Poli, Vijay alias Kalu, Jyoti Prakash alias Baba, and Balyan — under stringent sections of the Maharashtra Control of Organised Crime Act (MCOCA). All accused persons were arrested in the case related to an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu. Balyan was arrested in the case on December 4 last year, whereas a court granted him bail in an extortion case. The court on January 15 denied him bail in the case. Delhi Police had argued the investigation was at a crucial stage in the case, and if granted bail, the accused would hamper the probe.
New Indian Express
27-05-2025
- Politics
- New Indian Express
Ex-AAP MLA Naresh Balyan denied bail in MCOCA case
NEW DELHI: A Delhi court on Tuesday dismissed the bail application of former AAP MLA Naresh Balyan in a case lodged under the stringent MCOCA Act. Special Judge Dig Vijay Singh dismissed the application, saying there was no sufficient ground to grant the relief. This was the second bail application moved by Balyan in the case. He was produced before the court through video conferencing from jail. The Delhi Police on May 1 chargesheeted Balyan in the case. The supplementary chargesheet was filed against four accused persons -- Sahil alias Poli, Vijay alias Kalu, Jyoti Prakash alias Baba, and Balyan -- under stringent sections of the Maharashtra Control of Organised Crime Act (MCOCA). All accused persons were arrested in the case related to an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu. Balyan was arrested in the case on December 4 last year, whereas a court granted him bail in an extortion case. The court on January 15 denied him bail in the case. Delhi Police had argued the investigation was at a crucial stage in the case, and if granted bail, the accused would hamper the probe.
