Delhi High Court Denies Bail To Man Accused Of Duping Businessman Posing As Nephew Of Amit Shah

The Delhi High Court has denied bail to one Ajay Kumar Nayyar, the man accused of duping a businessman ₹3.9 crore by posing as the nephew of Union Home Minister Amit Shah.

The Court was considering his Bail Application filed in a case registered for offences punishable under Sections 419 and 420 of the Indian Penal Code.

The Bench of Justice Girish Kathpalia observed, "Considering the nature and expanse of the allegations against the accused/applicant coupled with the pending consideration of amendment in charge to include the offences under Section 467/471/120B IPC, punishable with life imprisonment and also keeping in mind the antecedents, at this stage, I do not find it a fit case to grant bail to the accused/applicant."

The Applicant was represented by Advocate Girijesh Pandey, while the Respondent was represented by Additional Public Prosecutor Manjeet Arya.

Facts of the Case

In the month of June 2020, a family friend of the complainant de facto introduced him with the present accused/applicant at Jalandhar Gymkhana Club. The present Accused-Applicant represented himself as Ajay Shah, nephew of the Union Home Minister and assured to get the complainant de facto a tender worth ₹90 crores from the Government of India with respect to supply of leather for renovation of the President’s Estate. After some time, one co-accused representing himself as the inspecting office from the Union Government visited the complainant de facto and inspected his factory.

The de facto complainant visited Delhi and met the present Accused-Applicant who showed a demand draft of ₹90 crores in the name of M/s Jalandhar Leather (India) Pvt. Ltd., a company run by the complainant de facto in Punjab; the Accused represented that the said demand draft would be released to the complainant de facto in respect of the tender and asked him to pay Rs. 2.50 crores as processing fee. Thereafter, across several meetings with the Accused, a sum of ₹ 3.90 crores was paid to him by the complainant through cash and RTGS on different occasions towards the said tender. The Accused was arrested on December 10, 2021 and chargesheet was filed for offences under Sections 419 and 420 of the Indian Penal Code.

Counsel for the Applicant contended that the charges were framed in the year 2022 and the trial would take a long time to conclude, so the Accused deserves bail. It was contended that since the offence of cheating is punishable with seven years imprisonment and the Accused has already suffered undertrial imprisonment for four years, he deserves bail. It was also submitted by the Counsel that the co-accused was granted bail by the Supreme Court.

On the other hand, the Additional Public Prosecutor strongly opposed the Bail Application, disclosing that the trial court is already considering to amend the charge and add charges for offence under Sections 467, 471 and 120B of the IPC, pertaining to forged cheques given by the Accused as security to the complainant and the same being punishable with life imprisonment, undertrial detention of four years loses significance.

Reasoning By Court

The Court was of the view that case for bail is not made out in view of the submissions of the Additional Public Prosecutor. The Application was accordingly dismissed.

Cause Title: Ajay Kumar Nayyar vs. State of NCT of Delhi (2025:DHC:7583)

Appearances:

Applicant- Advocate Girijesh Pandey, Advocate Vatsalya

Respondent- Additional Public Prosecutor Manjeet Arya

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