New Delhi [India], April 15 (ANI): Delhi’s Patiala House court on Tuesday rejected the bail plea of Ajay Kumar Nayyar, accused of cheating by impersonating himself as the nephew of the Union Home Minister.
It is alleged that he assured the complainant that he would get him a tender of Rs 90 crore and received 3.9 crore from him.
Additional Sessions Judge (ASJ) Dr Hardeep Kaur dismissed the bail plea of Nayyar, who has been in custody since November 10, 2021.
“Considering the seriousness of the allegations and gravity of the offence, this Court is not inclined to release the applicant/accused on bail. Therefore, the present bail application stands dismissed,” ASJ Kaur said in the order.
While rejecting the bail plea, the court observed, “Accused had played an active role in the commission of the crime by impersonating himself as the nephew of the Union Home Minister and assured the complainant of getting a big tender of Rs 90 crore and received Rs 3.9 crore through cash and RTGS from the complainant.”
The court noted, ” Allegations against the accused are grave in nature. It is clear from the record that the testimony of the complainant is not concluded; his cross-examination is still going on.”
It was pointed out by the Public Prosecutor that the complainant has supported the case of prosecution so far.
It was submitted that the counsel for the accused is in custody for the last three years and 3 months (39 months). Investigation related to him has been completed and a charge sheet has already been filed. Other accused already have been granted bail.
The court rejected the contention and said, ” Further, the accused cannot claim bail on the ground of parity, as it is evident from the record that the role of the applicant/accused is different from that of co-accused persons who have already been enlarged on bail.”
“The period of custody and filing of a charge sheet in such cases is not itself a ground for bail, whereas the court has to consider other factors like the nature and gravity of the accusation, the severity of punishment, and the danger of the accused absconding or fleeing; the character, behaviour, means, position and standing of the accused; the likelihood of the offence being repeated; reasonable apprehension of a witness being influenced/threatened; and the danger, of course, of justice being thwarted by the grant of bail,” the court said in the order.
As per the prosecution, this case is registered on the complaint of complainant Gursimerdeep Singh, wherein it is alleged that he runs a business of leather in the name and style of M/s Jalandhar Leather India Pvt Ltd.
In the month of June 2020, his family friend Amit Talwar introduced him to the applicant/accused at the Jalandhar Gymkhana Club and he represented himself to be the nephew of the Union Home Minister Amit Shah and assured him of getting a big tender from the Government of India with respect to the supply of leather to the Government for the purpose of renovation of Rashtrapati Bhawan/President’s Estate worth Rs 90 crore. (ANI)
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