MCOCA Case: Naresh Balyan, AAP MLA, seeks custody parole for campaigning

He stated, "I can pay for parole during custody. As a sitting MLA, I will remain in custody. My wife lacks experience, and the campaigning period is almost over."

Special Public Prosecutor Amit Prasad countered, noting that while the Supreme Court had granted custody parole to Tahir Hussain, he was also a candidate and the investigation in his case had concluded, unlike in this case. He requested more time to file a response regarding the custody parole issue.

The bench took note of this and adjourned the matter for hearing tomorrow, clarifying that further arguments will be heard on January 29. On the next hearing date, the court will address whether custody parole can be granted in this case.

Earlier while opposing the bail plea of AAP MLA Naresh Balyan in the MCOCA case, Delhi Police revealed that the investigation uncovered the involvement of Balyan and his absconding associates in organized 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 has 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 organized 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 organized crime, whether through logistical planning, providing information, or executing criminal actions.

The syndicate has 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 criticized 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.

In its January 15 order, the trial court, led by Special Judge Kaveri Baweja, noted that there was substantial evidence linking Balyan to an organized crime syndicate.

The court emphasized that Balyan appeared to be actively involved in ongoing unlawful activities as a member of the group.

Balyan is facing charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA), and the trial court recently denied him bail in the case. He was arrested on December 4 in connection with the MCOCA case, although he had previously been granted bail in an extortion case. (ANI)