Ex-MLA Naresh Balyan MCOCA case: Hearing on charges from July 27

A Delhi court will hear arguments on framing of charges against ex-MLA Naresh Balyan in an MCOCA case from July 27. The case is linked to a crime syndicate run by absconding gangster Kapil Sangwan, who will be tried in absentia under BNSS.

The Rouse Avenue court on Thursday listed the Maharashtra Control of Organised Crime Act (MCOCA) Case against former MLA Naresh Balyan and others accsued for hearing arguments on framing of charges from July 27.

They are accused in an MCOCA case linked with the organised crime syndicate allegedly run by absconding gangster Kapil Sangwan alias Nandu. He has also been charge-sheeted in absentia by the Delhi Police Crime Branch. Naresh Balyan was arrested by Delhi Police on December 4, 2024. He has been charge-sheeted under MCOCA.

Special Judge Vishal Gogne listed the matter for hearing on framing of charges from July 27 to August 7. The court has rejected the interim bail plea of accused Vikas Gehlot.

Action Against Absconding Gangster

Delhi Police on Thursday filed a compliance report on declaring Kapil Sangwan alias Nandu a proclaimed offender. The court took the report on record and listed the matter for arguments on framing of charges.

On June 9, Rouse Avenue court had issued second Non-Bailable Warrant (NBW) against Kapil Sangwan alias Nandu in a MCOCA case.

Delhi police had requested the court to issue the NBW against Nandu as required in BNS to conduct a trial against him in absentia. Nandu is absconding and has been charged sheeted in MCOCA case in which ex MLA Naresh Balyan.

Trial in Absentia Under New Law

On June 3, the court issued the first NBW against Kapil Sangwan alias Nandu. The court issued these NBWs as per the requirements of his trial in absentia. He is absconding and allegedly running an organised crime syndicate from abroad.

Special Public Prosecutor (SPP) Akhand Pratap Singh had appeared for Delhi Police and submitted that Kapil Sangwan alias Nandu is still not traceable. The trial against him will be conducted in absentia.

The court noted that the charge sheet has made a prayer for trial against Kapil Sangwan alias Nandu to be conducted in absentia in terms of section 356 BNSS.

The court had referred to BNSS and said that it is apparent from a reading of section 356 BNSS that before proceeding with trial in absentia under Section 356 (1), certain compliances are required to be made by the court in terms of section 356 (2) BNSS.

One of the principal requirements of subsection (2) is the issuance of two consecutive warrants of arrest against the accused within the interval of at least thirty days, the court said.

The court had deemed it fit that proceedings under section 356 BNSS be commenced firstly by Compliance with section 356 (2) BNSS. " Let the first NBWs be issued against Kapil Sangwan alias Nandu for June 9," Special Judge Vishal Gogne ordered on June 3.

The court has asked the Prosecution to comply with other provisions of trial in absentia and has sought a compliance report. (ANI)

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