Delhi HC Rejects Ex-AAP MLA Balyan's Bail, Cites Criminal Nexus with Syndicate

The Delhi High Court on Monday refused bail to former Aam Aadmi Party (AAP) legislator Naresh Balyan in a case registered under the Maharashtra Control of Organised Crime Act (MCOCA), holding that the material gathered during investigation prima facie indicated his connection with an organised crime syndicate.

Justice Manoj Jain upheld the trial court’s May 27 order denying bail, observing that although the case was at the stage of arguments on charge, the evidence placed by the prosecution was sufficient at this stage to justify the invocation of MCOCA. The court said a broad assessment of the material collected by the investigating agency revealed a discernible nexus between Balyan, other members of the syndicate, and its head.

“The element of ‘continuing unlawful activity’ is also palpably present and since such activity is also by use of threat and intimidation with the objective to gain pecuniary advantage, it cannot be said that invocation of MCOCA was unjustifiable,” the court remarked.

Balyan was arrested on December 4, 2024, after being granted bail in another extortion case. He had challenged the trial court’s decision, contending that MCOCA had been wrongly applied and that he was falsely implicated for political reasons. The former legislator claimed he was a victim of threats from gangster Kapil Sangwan and that he had approached the police for protection. He argued that his projection as a close associate of Sangwan was a result of political vendetta.

The court rejected this submission, noting that merely lodging complaints against Sangwan in the past cannot negate the material collected, particularly when conversations between the two demonstrated an active criminal nexus. “Of course, the appellant is a political figure but the plea of political vendetta is, merely, in the air and completely unsubstantiated,” the court said.

The prosecution had cited multiple FIRs registered against alleged syndicate members across Delhi, claiming that the syndicate had created havoc in society and amassed substantial illegal wealth. Balyan was accused of being a “facilitator” in the syndicate’s operations.

MCOCA is a stringent law designed to combat organised crime, requiring proof of continuing unlawful activity by a syndicate. The High Court’s decision reaffirms that the threshold for applying the statute is met in this case, though the final determination of guilt will be made during the trial. The denial of bail means Balyan will remain in custody as the legal process moves forward. He may appeal to the Supreme Court.