Former AAP MLA Naresh Balyan discharged in extortion, conspiracy case

A Rouse Avenue Court has discharged Former AAP MLA Naresh Balyan of Extortion and criminal conspiracy. The court pointed out lacunae in the investigation and lack of authenticity of electronic evidence. Even the mobile of the complainant was not seized, though it was a case of an extortion call made from an international number allegedly by Gangster Kapil Sangwan alias Nandu.

An FIR was lodged against Kapil Sangwan alias Nandu for alleged offences of Extortion, criminal conspiracy, etc. in 2023. Balyan was arrested by Delhi Police in November 2024. However, he was granted bail on December 4, 2024. But he was arrested in an MCOCA case by the Delhi Police Crime Branch from the courtroom after he was granted bail.

Investigation Timed Before Delhi Elections, Says Defense

The defense casted strong doubts on how the investigation was picked up against Naresh Balyan from November 2024, just before the Delhi Assembly elections were to be held in February 2025. The case is connected with an extortion call allegedly made by Kapil Sangwan alias Nandu from an International Number.

Court’s Discharge Order

Additional Chief Judicial Magistrate (ACJM) Paras Dalal discharged Naresh Balyan from the offences he was chargesheeted for. “This Court finds that prosecution cannot cast grave suspicion upon Naresh Balyan sufficient to frame charges either for entering into criminal conspiracy with Kapil Sangwan to commit extortion or disappearance of evidence. Accused Naresh Balyan is accordingly discharged of all offences under which chargesheet has been presented,” ACJM Paras Dalal ordered on July 31.

Kapil Sharma alias Nandu is Absconding and has been declared a proclaimed offender. After the discharge of Naresh Balyan, the court said that Naresh Balyan, a former MLA, is discharged. It is a special MP-MLA court; therefore, it can not proceed further against Kapil Sangwan even in absentia. The investigation officer is directed to take the file back and to file it before the concerned court if Kapil Sangwan is arrested.

Details of the Extortion Complaint

A charge sheet was filed against Kapil Sangwan alias Nandu (Proclaimed Person) and Naresh Balyan for offences punishable under Section 387 (Extortion), 120B (Criminal Conspiracy) of the Indian Penal Code (IPC). Kapil Sangwan was also alleged to have committed an offence punishable under Section 174A (Absconding from Arrest ) of the IPC, and accused Naresh Balyan was alleged to have committed an offence punishable under Section 201 of the IPC.

The allegations are that on May 31, 2023, complainant Gurcharan Singh received a WhatsApp call from an international number mentioning his name as Kapil Sangwan alias Nandu and threatening him that he would be eliminated like Suriender Matiala was, unless he pays Rupees One Crore extortion money. He also alleged that since the voice was not clear, a voice note was received containing the same threatening message. Repeated calls were further received on June 1, 2023, June 8, 2023 and July 1, 2023, following which a complaint was filed, and the present FIR was registered on July 5, 2023.

Viral Audio Clips Central to Case

In August 2023, through social media, the investigating officer noticed an audio clip circulating in respect of extortion money dealings between Kapil Sangwan and Naresh Baliyan, which got viral on various social media platforms, Facebook, Twitter (now X), etc. Investigation revealed that said viral audio/ video was collected by ACP/ AGS, Crime Branch, Delhi, from a news channel in a case FIR of 2023 under sections 387, 336, 506, 507, 34 of the IPC and 27 of the Arms Act of Police Station Mohan Garden, Delhi. The said audio was also telecast in a programme by the channel. The audio recording of the news programme was also seized. Next, these audios resurfaced in November 2024. The investigation thus led to Naresh Balyan, and he was arrested on November 30, 2024.

Defense Highlights Investigation Lapses

Advocate Vivek Jain, Rohit Kumar Dalal and Sadiq Noor appeared for Naresh Balyan. The defence counsel for accused Naresh Balyan argued that the allegations in the FIR are true that complainant received threatening audio files; however, the said mobile was not seized to preserve the original device. Similarly, no originating source of the two audios uploaded online on Facebook was traced, and there is no witness to establish the chain of custody of the device used to record these two audios, the court noted.

The defence had argued that the complainant’s mobile was not seized or analysed; the Investigation Officer (IO) obtained a pen drive of so-called five audio files. Next, the IO never seized the original audio files from their source, which were on Facebook in August 2023, and it was only in November 2024 himself downloaded the two audio files on a pen drive and seized the same from his own possession vide seizure memo. It was argued by the defence counsel that if these two pieces of evidence coming from the IO are removed, there is nothing in the entire police report against the accused. It is also argued that even if these audio files are taken into consideration, they would never be read in evidence, being inadmissible for being opposed to the rule of evidence.

Court Slams ‘Detrimental’ Lapses in Investigation

While discharging Naresh Balyan, the court said that it is a settled proposition that conspiracy is seldom hatched in secrecy and hence there cannot be direct evidence. “However, a crime does not go without evidence; only if the investigating agencies are eager to look in the right direction. Once August 2023 audio files were found, the investigation could have been made to trace the ‘Aid of AAP MLA’ and Golu Jindal, who are stated to be part of the conversation in two audio files,” ACJM Dalal said.

The court further said that they were a missing link to the conspiracy, if there existed any. Also, a timely notice to Facebook or the user who uploaded the audio files could have been a boon to trace the original device as well as the originator of the audio files. These audio files, which surfaced in August 2023, were not even taken cognisance of by the investigating agency until November 2024. Lastly, the court said that such a missing crucial link is detrimental to the prosecution story, when the entire case is based on circumstantial evidence.

The court also pointed out that there was no authentic source of audio files. “The audio files, about eight in number – five files from the mobile of the complainant, two from Facebook, and one news programme, have no authentic source or original device, which could establish their continuity, rule out tampering, and provide their hash value or metadata,” the court said. The court said, ” No effort was made to seize any original; what has been seized are transferred files into a pen drive, and even their hash value and authenticity have not been established by the certificates on record, purported to be in compliance of the Indian Evidence Act.” (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)