This is an archive article published on May 27, 2025
Delhi court rejects ex-AAP MLA Naresh Balyan’s bail: ‘Criminal nexus between politician and gangster most perilous threat to nation’
Naresh Balyan, who was represented by advocate M S Khan, argued in court that he had himself filed at least three complaints of extortion against Sangwan.
A Delhi court on Tuesday rejected the bail plea of former Aam Aadmi Party (AAP) MLA Naresh Balyan in an organised crime case. (Source: Express Archive)
Noting that the criminal nexus between a politician and a gangster was the “most perilous” threat to a nation, a Delhi court on Tuesday rejected the bail plea of former Aam Aadmi Party (AAP) MLA Naresh Balyan in an organised crime case.
“The criminal nexus between a politician and a gangster is perhaps the most perilous threat confronting a nation and its citizens, and must be addressed with severity,” Special Judge Dig Vinay Singh of Rouse Avenue Court said in his order.
Balyan, the former Uttam Nagar MLA, was arrested on December 4 last year in a case lodged under the Maharashtra Control of Organised Crime Act (MCOCA). At that time, the MLA was in police custody in connection with an extortion case lodged against him. The same evening he was granted bail in the extortion case, he was nabbed in the MCOCA case.
Police officers said Balyan’s name cropped up in a separate extortion case involving gangster Kapil Sangwan, who is reportedly operating from the UK. The MCOCA was invoked against Sangwan in 2024. Balyan was the alleged facilitator to settle the extortion demand made by Sangwan to a businessman. The police also claimed they had two witnesses statements against Balyan.
In the extortion case, Balyan was arrested on November 30 last year, hours after the BJP played an audio clip of what it claimed was a purported conversation between him and Sangwan.
“…the transcript of the audio conversation between the applicant (Balyan) and Kapil Sangwan indicates a potential fallout due to unknown reasons. This conversation suggests an active criminal nexus,” the court said while rejecting the second bail plea moved by Balyan in the case.
Balyan, who was represented by advocate M S Khan, argued in court that he had himself filed at least three complaints of extortion against Sangwan.
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“If their relationship deteriorated subsequently and complaints were filed by the applicant, this does not absolve him from involvement in organised crime or abetment during the relevant timeframe; he must face the consequences. Even otherwise, the veracity of his complaints remains to be determined, which can only occur during the trial,” the judge said in his order.
Balyan also argued that he had been falsely implicated in the matter and that the investigation regarding his alleged role had been completed. It was his lawyer’s contention that there existed no “continuity of unlawful activity” which is a prerequisite for claiming that an organised crime had occurred.
Merely relying on past FIRs and chargesheets without “any new offence”, Khan argued, was not sufficient to invoke the MCOCA.
“A review of the numerous FIRs against the crime syndicate from 2021…reveals that …as many as 17 FIRs were lodged against the syndicate, and following the approval grant (required to proceed under MCOCA), besides the current FIR, additional FIRs have been registered against the syndicate,” the court observed, rejecting the claims of the defence counsel. It also noted that cognizance had been taken in four FIRs pertaining to the syndicate in the last 10 years.
Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
Professional Background
Education: Nirbhay is an economics graduate from Delhi University.
Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories.
Specializations: He has a specific interest in data stories related to courts.
Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials.
Recent notable articles
In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories.
1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.
2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation.
3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
Signature Style
Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public.
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