New Delhi [India], January 9 (ANI): The Rouse Avenue court on Thursday reserved its order on the bail plea of MLA Naresh Balyan in an MCOCA case. The court will pronounce the order on January 15.

Special judge Kaveri Baweja reserved the order after hearing the submissions of counsels and clarification on the legal issues on the bail of MLA Naresh Balyan, arrested on December 4, 2024.

Also Read | 'Hindutva Can Never Be Defeated': PM Narendra Modi's Historic Speech at First Pravasi Bharatiya Divas Event in 2003 (See Pics).

Meanwhile, the court extended the judicial custody of MLA Naresh Balyan, Rohit (alias Anna) and Sachin Chikara till February 1. Whereas the Judicial custody of Ritik (alias Peter) has been extended till January 22 against whom a charge sheet has been filed. The Court will consider the chargesheet on January 22.

Special Judge Kaveri Baweja heard the arguments by the counsel for the accused and the Special Public Prosecutor (SPP) for Delhi police.

Also Read | Baba Siddique Murder Case: Law and Order Are Being Made a Joke in Mumbai, Says NCP Leader Zeeshan Siddiqui.

SPP Akhand Pratap Singh filed some judgements on the point of fulfilment of requirements for invoking MCOCA.

Delhi police on Wednesday had opposed the bail of AAP MLA Naresh Balyan and said that in his disclosure statement has disclosed his nexus and association with Kapil Sangwan (alias Nandu).

Delhi Police had filed a reply and stated that co-accused have confessed that accused Naresh Balyan is facilitator/ conspirator in the organized crime syndicate of Kapil Sangwan (alias Nandu) and he has provided money to one of member of syndicate after commission of crime for expenses during evading his arrest.

Police had stated that during investigation the statements under section 180 BNSS of public witnesses, have been recorded in this case in which they have stated about active involvement of accused Naresh Balyan with the organized crime syndicate of Kapil Sangwan for pecuniary gain.

It was further stated that the accused Naresh Balyan was arrested on December 4, 2024 and during the course of investigation, a disclosure statement of Naresh Balyan was recorded in which he has disclosed about his nexus and association with Kapil Sangwan.

In its reply, Delhi police stated that during investigation as per the statements of witnesses and the disclosure statement of accused, names of nine suspected persons came to notice; out of which four has been identified but untraceable, who are associated with accused Naresh Balyan in the commission of organized crime of extortion, land grabbing from the businessmen, builders, property dealers.

It is also stated in the reply that the other suspected persons whose names have come on record are to be identified to unearth the entire commission of organized crime and to find the trail of pecuniary gain obtained by accused Naresh Balyan and the syndicate members.

During investigation it is revealed that accused and his absconding associates were involved in the commission of organized crime. To extort money from the businessmen and to make the bonafide properties of witnesses as disputed properties with the intention to grab, police have stated.

Advocate M S Khan, Rohit Dalal and Rahul Sahani appeared for Naresh Balyan. It was argued that there is no new offence in the FIR. Organised crime is different from other offences under IPC.

Advocate M S Khan argued that FIR under MCOCA is not against the organised crime, it is against the organised crime syndicate led by Kapil Sangwan.

It was further argued that there has to be continuing unlawful activities, organised crime and organised crime syndicate.

Defence counsel submitted that police are relying on a video clip. Which they claim they got in August 2024 after the registration of this FIR. Police misled the court. They suppressed the material facts, he argued.

He submitted that this clip was there since August 2023. The same IO got this clip in August 2023. Accused was granted bail in the connected case by the ACJM on December 4. They have suppressed the material facts, the defence counsel added.

Defence counsel concluded their argument by submitting that presumption of innocence is a human right. Veracity of confessional statement is to be tested at the time of trial, not the time of granting of bail. Nothing is there against me Naresh, no organised crime. There has to be some new occurrence/act within a period of 10 years before registration of FIR.

On the other hand, Special public prosecutor (SPP) Akhand Pratap Singh opposed the bail application.

He submitted that there is indeed a new occurrence/act. Three FIRs are there. This fulfils the ingredients of continuing criminal activities. There is no need for a fresh incident. The third offence was committed in the nature of organised crime, SPP argued.

There are statements, of witnesses and co-accused, there is other evidence, clip is not the only evidence. The confessional statement can be attributed to co-accused, he added.

SPP Singh submitted that the role of accused was the identification of possible target. He is involved in land grabbing. He used to buy land at a lower price and sell the same at higher prices. (ANI)

(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)