New Delhi [India], January 23 : In opposing the bail plea of AAP MLA Naresh Balyan in the Maharashtra Control of Organised Crime Act (MCOCA) case, Delhi Police revealed that the investigation uncovered the involvement of Balyan and his absconding associates in organised crime.
They allegedly conspired to dispute the legitimate properties of witnesses to gain financial or other undue advantages.
The accused, along with his associate Kapil Sangwan (alias Nandu), reportedly threatened the rightful owners of these properties to coerce them into selling at significantly lower prices than those agreed upon in the sale contracts.
The applicant, Naresh Balyan, is said to have used agreements in the name of an absconding individual, Umed Singh, who has been evading arrest since Balyan's detention.
Following the agreements, Balyan would manipulate the properties into disputed status, enlisting Sangwan to intimidate the legitimate sellers.
The Trial Court issued a non-bailable warrant against Umed Singh, and statements from public witnesses have been recorded to support these claims, stated Delhi Police in its reply filed opposing Balyan's bail plea.
Delhi Police further stated that audio clips, allegedly containing voice conversations between Naresh Balyan and syndicate leader Kapil Sangwan (alias Nandu), have been recorded. The voice sample of Balyan was obtained after permission from the Trial Court and was sent to the CFSL for analysis. The questioned audio clips, along with the samples, were seized for further investigation.
The police also noted that several other suspects, whose names have surfaced, have yet to be identified, and further inquiries are ongoing to fully uncover the scope of the organised crime and trace the illicit financial gains made by Balyan and his associates.
Balyan, along with Kapil Sangwan and other members of the syndicate, is alleged to have assisted in committing or supporting the ongoing unlawful activities of organised crime, whether through logistical planning, providing information, or executing criminal actions.
The syndicate caused significant harm to society and accumulated vast illegal wealth. According to police, Kapil Sangwan, the syndicate's leader, is currently abroad, living a lavish lifestyle, which suggests that the proceeds from these crimes are being used both domestically and internationally, said Delhi Police.
Senior Advocate Vikas Pahwa, in his argument, strongly contended that the charges against Naresh Balyan under the MCOCA were baseless and lacked any substantial evidence. He pointed out that the case was politically motivated, especially given Balyan's active role in the upcoming assembly elections and his wife's candidacy.
Pahwa further criticised the allegations as being part of a larger attempt to hinder his client's political involvement, asserting that there was no material connection between Balyan and the alleged criminal activities. He called for the grant of interim bail, emphasizing that Balyan's constitutional right to participate in the electoral process should not be compromised.
The matter was heard by Justice Vikas Mahajan, who listened to the arguments presented by Senior Advocate Vikas Pahwa. The court has rescheduled the case for January 28, 2025, for further submissions of further arguments of Defense and Prosecution.
The Delhi High Court has recently issued notice to the Delhi Police on a bail plea moved by Aam Aadmi Party (AAP) MLA Naresh Balyan in a case under the stringent MCOCA. Recently the trial court has refused to grant bail to him in the case.
Balyan, who was arrested on December 4 in connection with the MCOCA case, had previously been granted bail in an extortion case.
In its January 15 order, the trial court, led by Special Judge Kaveri Baweja, noted that there was substantial evidence linking Balyan to an organised crime syndicate.
The court emphasised that Balyan appeared to be actively involved in ongoing unlawful activities as a member of the group.
The police have filed 16 FIRs against the members of Sangwan's syndicate, accusing them of engaging in extortion, violence, and other criminal activities across Delhi.