A Delhi court recently dismissed an extortion case against former Aam Aadmi Party (AAP) MLA Naresh Balyan, citing a lack of evidence presented by the Delhi Police. In a ruling issued on July 31, Additional Chief Judicial Magistrate (ACJM) Paras Dalal of the Rouse Avenue Courts noted the police’s inability to provide evidence implicating Balyan, stating that the prosecution failed to establish even a ‘grave suspicion.’
The court remarked, “Accused no.2 [Balyan] is alleged to be a co-conspirator, therefore the allegations must be prima facie established that he, along with accused no.1 [alleged gangster Kapil Sangwan], conspired to commit the offence as alleged. There is no iota of evidence that both accused persons ever conversed before receipt of threatening messages/audio recordings by the complainant. There is no evidence even prima facie that accused no.2, or anyone on his behalf, approached the complainant or met him when the threats were advanced in May/June 2023.”
Consequently, Balyan was discharged from all charges in the extortion case filed by the Delhi Police in 2023. The case stemmed from a complaint lodged in July 2023 by Gurcharan Singh, who reported receiving WhatsApp calls and voice notes threatening him on behalf of gangster Kapil Sangwan, also known as Nandu, demanding ₹1 crore in extortion.
Balyan, the former MLA from Uttam Nagar, was implicated after an audio recording allegedly featuring a conversation between him and Sangwan went viral in August 2023 and was subsequently aired by Times Now Navbharat under the segment “Operation PAAP.” He was arrested in November 2024.
The police charged Balyan under Sections 387 (putting a person in fear of death or grievous hurt to commit extortion), 201 (causing the disappearance of evidence), and 120B (criminal conspiracy) of the Indian Penal Code (IPC). Sangwan faced charges under Sections 387, 120B, and 174A (non-appearance despite proclamation).
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Upon reviewing the case, the Court criticized the three-year delay in the investigation, noting that the case progressed in “bursts” with prolonged periods of inactivity. It also highlighted Balyan’s claim that his arrest was suspiciously timed just before the 2025 Delhi Assembly elections.
Judge Paras Dalal pointed out that the complainant Gurcharan Singh’s mobile phone, which purportedly received the threatening messages, was never confiscated. Additionally, no notice was issued to Facebook or the news channel to trace the origin of the viral audio clip.
Only secondary copies of the audio, transferred to pen drives, were submitted as evidence, lacking any chain of custody or forensic validation of authenticity. Although a forensic report noted voice similarities, it did not address metadata, hash values, or the original recording device, the Court observed.
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The Court concluded, “This Court thus finds that prosecution cannot cast grave suspicion upon the accused no.2 sufficient to frame charges either for entering into a criminal conspiracy with accused no.1 to commit extortion or disappearance of evidence. Accused Naresh Balyan is accordingly discharged of all offences under which the chargesheet has been presented.”
As Sangwan remains at large, the proceedings against him will continue in absentia.
