The Delhi High Court on Monday denied bail to former Aam Aadmi Party (AAP) MLA Naresh Balyan in a case registered against him under the stringent Maharashtra Control of Organised Crime Act, 1999, related to an alleged organised crime. [2026 LiveLaw (Del) 716]

Justice Manoj Jain said that there was discernible nexus between Balyan and other members of syndicate as well as head of the alleged syndicate.

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

Further, it added that statements of protected witnesses suggested complicity of Balyan as they revealed about his active involvement with the organized crime syndicate headed by Nandu, for pecuniary and other undue advantage.

"During course of investigation, it also stood revealed that appellant, along with his absconding associates, was involved in commission of organized crime with intent to create disputes over the bonafide properties of witnesses. It was with the objective of obtaining pecuniary gain and securing undue economic or other advantages, by involving syndicate-head Kapil Sangwan@ Nandu, to issue life-threats to the bonafide owners of such properties. They are stated to be witnesses in the present case," the Court said.

It added: "Naresh Balyan used to get Agreements to Sell executed in the name of co-accused Umed Singh. After execution of such agreements, Naresh Balyan used to deliberately project such properties as “disputed” and then to involve Kapil Sangwan @ Nandu to threaten them, thereby compelling them to sell their properties at a price much lower than the amount mentioned in the original agreement(s). Several such properties have already been identified which have been described in the chargesheet."

The judge had reserved the verdict in the case last week. Balyan has been in custody since his arrest in December 2024. He has been in judicial custody lodged at Mandoli jail.

The case is linked with an alleged organized crime syndicate allegedly run by gangster Kapil Sangwan.

Earlier, he was denied bail in the MCOCA case by the trial court on January 15, 2024. It was observed that there was substantial evidence linking him to an organized crime syndicate.

The trial court had said that Balyan was actively involved in “ongoing unlawful activities as a member of the group.”

The Delhi Police filed 16 FIRs against the members of Sangwan's syndicate, accusing them of engaging in extortion, violence, and other criminal activities across the national capital.

The prosecution had opposed Balyan's bail plea before the trial court alleging that he was a “facilitator” in the organized crime syndicate.

In a related development, Balyan has been discharged on July 31 by the trial court in a 2023 extortion case as it flagged several lapses in the investigation.

Title: Naresh Balyan v. State

Citation: 2026 LiveLaw (Del) 716

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