New Delhi [India], May 19 (ANI): Delhi Police on Monday filed a reply opposing the bail plea of former AAP MLA Naresh Balyan in the MCOCA case. Police said there are serious Allegations against the accused and a supplementary charge sheet under sections 3 and 4 of MCOCA has been filed against him.
On the other hand, counsel for Naresh Balyan questioned the basis of the case, submitting that the approval for registration of the FIR under MCOCA was not valid. Therefore, the entire proceedings emanating from the FIR are invalid.
He has been in judicial custody in a case related to an organised crime syndicate allegedly run by gangster Kapil Sangwan alias Nandu.
Special judge Dig Vinay Singh, after hearing the arguments of defence counsel, has listed the matter for hearing the arguments of the Delhi police on Tuesday.
During the hearing, Special Public Prosecutor (SPP) Akhand Pratap Singh appeared for the Delhi police. He submitted that the reply on the bail plea has been filed.
Advocate M S Khan, along with Advocates Rohit Kumar Dalal and Rahul Sahani, appeared for Naresh Balyan. He submitted that Balyan has been in custody since December 4, 2024, in this case, despite the fact that 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 itself 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 accused deserved to be released on bail,” advocate M S Khan submitted.
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 was in the knowledge of the police for more than a year. But police misled the court by submitting that the clip came to the knowledge of the Investigation Officer (IO) after registration of 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Earlier, on May 7, the bail application of Naresh Balyan was withdrawn from the High Court.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. Naresh Bayan was arrested on December 4, 2025, in this case. The court had extended the time period for 60 days to complete the investigation against Naresh Balyan.
On March 1, the Court had granted 60 more days’ time to the Delhi police to complete the investigation against Naresh Balyan. Balyan was arrested on December 4, 2024, in this case. The extension period was expiring on May 4.
The Court has already taken cognisance of the charge sheet filed against accused Ritik alias Peter. A supplementary charge sheet had also been filed against Rohit alias Anna and Sachin Chikara. Cognisance of the same has also been taken by the court. (ANI)
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