AAP’s Balyan held again after bail in 2022 extortion case

The Rouse Avenue court on Wednesday granted bail to Aam Aadmi Party (AAP) leader and Uttam Nagar MLA Naresh Balyan in an extortion case allegedly linked to UK-based gangster Kapil Sangwan. However, Balyan was rearrested shortly after by Delhi Police in connection with a MCOCA (Maharashtra Control of Organised Crime Act) case filed earlier this year and again taken into police custody.

In a hearing before additional chief metropolitan magistrate Paras Dalal, special public prosecutor Akhand Pratap Singh informed the court that several victims in the MCOCA case had named Balyan during interrogation, necessitating his arrest.

The case, lodged in August by the Anti-Gang Squad (AGS) of the Crime Branch in Dwarka, involves allegations of organised crime and extortion.

Balyan, who was produced before the court after completing his one-day police custody in the extortion case, was granted bail on furnishing a personal bond of ₹50,000 and a surety of the same amount.

The police had initially sought a 14-day judicial custody, which was rejected by the court.

Senior advocate Manish Vashisht, representing Balyan, argued for his release, stating: “He has won elections twice, which indicates his popularity. How can an extortionist win elections twice?”

The court’s order granting bail to Balyan read, “On the factual matrix, the court is not convinced with the investigation carried so far. The alleged audio link which is the main link of alleged criminal conspiracy between gangster Kapil and present accused has not yet been forensically examined despite having been seized about 15 months back”.

The court order added that none of the victims or witnesses have “alleged to have been threatened by the accused himself and even the two victims have not alleged being threatened by the accused”. The order read, “It is also noteworthy that the accused has himself filed three complaints...if having received threats from gangster Kapil...three more victims have joined the investigation, however, they have denied having ever heard about involvement of accused with Kapil’s gang”.

The judge said that the investigation “cannot pick and choose as to the evidence gathered during investigation”. Read the order, “It was the duty of the investigation officer to forthwith investigate the authenticity of the alleged audio conversation seized in August 2023 and then even the complaints of the accused should have been investigated...there is no evidence of any criminal nexus till date and no money trail has been found”.

Despite securing bail, Balyan was immediately rearrested in the MCOCA case.

He is scheduled to be presented before a Dwarka court on Thursday, where the police plan to seek fresh remand to probe his alleged connections to gangster Kapil Sangwan and his associates.

The extortion case, in which Balyan had earlier been arrested, stems from a May 31, 2022 incident where a complainant received threatening messages from a caller identifying himself as Kapil Sangwan. The caller allegedly demanded ₹1 crore and threatened dire consequences if the amount was not paid.

Delhi Police also cited a purported audio clip of a telephonic conversation between Balyan and Sangwan as evidence in the case. The MLA was arrested on Saturday evening following questioning regarding the clip.

In their remand plea, police emphasised the need to confront Balyan with victims who had implicated him, investigate his alleged “deep nexus” with Sangwan, and trace his associates.

On May 31 last year, threatening messages were received on the mobile number of complainant in the present case wherein the unknown caller introduced himself as Kapil Sangwan alias Nandu and allegedly demanded ₹1 crore as extortion amount.

Political showdown

The case has put the MLA under intense scrutiny, with the Bharatiya Janata Party (BJP) targeting the AAP over his arrest.

Delhi BJP president Virendra Sachdeva said: “MCOCA has been imposed on AAP MLA Naresh Balyan. This law is used against organised crimes like drug and arms suppliers. Such kind of criminal elements were being supported by the AAP… So many MLAs of AAP are accused in different crime cases and scams… AAP chief in today’s Delhi assembly session… spoke about crime cases but the AAP itself is supporting criminals like AAP MLAs. Were AAP leaders not aware of the activities of their MLA?”

The AAP, meanwhile, alleged the arrest is an attempt to “silence” party chief Arvind Kejriwal.

“This arrest is only to silence Arvind Kejriwal who is regularly questioning Union home minister Amit Shah on the failed law and order situation in Delhi… As soon as the learned court granted Balyan bail, the BJP yet again misused its agencies and imposed MCOCA, misusing terrorism laws on the legislators of AAP yet again. We are in consultation with our lawyers and will take appropriate legal recourse as necessary.”