Delhi HC Transforms Naresh Balyan’s Bail Plea into Appeal Under MCOCA, ETLegalWorld
The Delhi High Court on Thursday transformed the bail plea of former AAP MLA Naresh Balyan into an enchantment in view of the availability underneath MCOCA. The excessive court docket determined the difficulty after listening to the submissions of the Delhi police.
Naresh Balyan has been arrested in an MCOCA case linked with an organised crime syndicate allegedly run by absconded gangster Kapil Sangwan alias Nandu.
His earlier bail plea was rejected on May 27 by the Rouse Avenue court docket. Thereafter, he filed a bail plea earlier than the Delhi High Court.
Justice Ravinder Dudeja transformed the plea looking for bail in view of the availability of MCOCA. The matter was listed on December 17.
Advocate Amit Prasad, Special counsel, alongwith Special Public Prosecutor (SPP) Akhand Pratap Singh, appeared for Delhi police and submitted that after Dismissal of the bail by a trial court docket, solely an enchantment lies underneath part 12 of MCOCA.
Advocate M S Khan, alongwith advocate Rohit Dalal, Prashant Kishore, Qausar Khan and Rahul Sahappeared for Naresh Balyan.
On August 7, the Senior advocate for Balyan argued that there isn’t any persevering with prison exercise to invoke MCOCA towards petitioner Naresh Balyan.
It was submitted that there is not enough materials to invoke MCOCA towards Naresh Balyan. MCOCA has been invoked on the premise of 15 FIRs towards Kapil Sangwan and his gang.
It was additionally argued that the petitioner just isn’t related with Kapil Sangwan and his gang. Rather, he was threatened, and he filed a criticism towards Kapil Sangwan.
It was additional submitted that there was no persevering with prison exercise within the 10 years previous the registration of the FIR underneath MCOCA. There isn’t any chargesheet towards the petitioner, of which cognisance was taken by the court docket.
Delhi police have filed one cost sheet and three supplementary chargesheet. The prosecution has cited 128 witnesses, and the investigation remains to be ongoing. Petitioner has been in judicial custody for an extended interval since December 4, 2024, the senior advocate submitted.
Balyan and different individuals are cost sheeted in a case linked with an organised crime syndicate allegedly run by absconding gangster Kapil Sangwan alias Nandu.
Delhi police have filed a supplementary cost sheet underneath sections 3 and 4 of MCOCA towards Balyan.
In this case, Delhi police have chargesheeted the accused, particularly Ritik alias Peter, Rohit alias Anna, Sachin Chikara, Naresh Balyan, Sahil alias Police, Vijay alias Kalu, Vikas Gehlot, Veenita, Jyoti Prakash alias Baba and others. Baba is Kapil Sangwan’s actual brother. (ANI)
