New Delhi [India], Delhi's Patiala House court recently refused to grant bail to a man accused of defrauding the Customs Department of crores of rupees. It is alleged that Rs 20.9 crore was transferred to the bank account of the accused.
This case pertains to an alleged fraud of Rs 40 crore since 2018. The Economic Offenses Wing of Delhi Police is investigating the case.
Additional Sessions Judge Devendra Kumar Jangala rejected the bail plea of Amit Agarwal in view of the allegations against him and his conduct.
“The allegations against the applicant/accused are grave and serious.The applicant is a direct beneficiary of a large sum of money. The trial has not started yet and further investigation is also going on. The other two accused persons are reported to be absconding from the process of law and declared criminals."
"The release of the applicant/accused at this crucial stage may hamper the trial/further investigation. In view of the above, no grounds for bail are made out," the court said in its June order.Therefore, the bail petition is dismissed." 12.
The court said that the case pertains to a criminal conspiracy hatched by the accused persons in which huge sums of money amounting to crores of rupees were misappropriated, causing loss to the public exchequer.
It further stated that the accused is said to be a signatory to the bank account in the name of M/s Elcom Enterprises, where huge amounts of crores of rupees were received. The accused has also sent huge fraudulent sums of money into the bank accounts of other co-accused persons. The accused is also accused of withdrawing Rs 1.04 crore cash from the said account."The evidence collected by the investigating agency is sufficient to establish the active participation of the applicant/accused in the alleged offence," the judge said.
Advocate Kaushaljeet Kait along with Vineet Chaudhary appeared on behalf of accused Amit Agarwal.
It was argued on behalf of Agarwal that he was a victim of circumstances as accused Jayant Ghosh knew him well and had sought his permission to transfer some amount to his bank account. The applicant has genuinely allowed accused Jayant Ghosh to use his account and has no role in the fraud.
It was also argued on behalf of Aggarwal that the charge sheet has already been filed after the completion of the investigation and there is no need for further custodial interrogation of him and no useful purpose would be served by keeping him in judicial custody further.The court rejected the argument.
"A huge amount of fraud amounting to several crores of rupees has been committed through a deep-rooted conspiracy. In such cases, the period of custody and filing of charge sheet alone are not grounds for bail, whereas the court has to consider other factors such as nature and gravity. " seriousness of the allegation; danger of the accused absconding or absconding; The character, conduct, means, condition and status of the accused; Reasonable apprehension that the witness may be influenced/threatened; Granting bail is obstructing justice,” the court said in the order.
This case pertains to an alleged fraud of Rs 40 crore since 2018. The Economic Offenses Wing of Delhi Police is investigating the case.
Additional Sessions Judge Devendra Kumar Jangala rejected the bail plea of Amit Agarwal in view of the allegations against him and his conduct.
“The allegations against the applicant/accused are grave and serious.The applicant is a direct beneficiary of a large sum of money. The trial has not started yet and further investigation is also going on. The other two accused persons are reported to be absconding from the process of law and declared criminals."
"The release of the applicant/accused at this crucial stage may hamper the trial/further investigation. In view of the above, no grounds for bail are made out," the court said in its June order.Therefore, the bail petition is dismissed." 12.
The court said that the case pertains to a criminal conspiracy hatched by the accused persons in which huge sums of money amounting to crores of rupees were misappropriated, causing loss to the public exchequer.
It further stated that the accused is said to be a signatory to the bank account in the name of M/s Elcom Enterprises, where huge amounts of crores of rupees were received. The accused has also sent huge fraudulent sums of money into the bank accounts of other co-accused persons. The accused is also accused of withdrawing Rs 1.04 crore cash from the said account."The evidence collected by the investigating agency is sufficient to establish the active participation of the applicant/accused in the alleged offence," the judge said.
Advocate Kaushaljeet Kait along with Vineet Chaudhary appeared on behalf of accused Amit Agarwal.
It was argued on behalf of Agarwal that he was a victim of circumstances as accused Jayant Ghosh knew him well and had sought his permission to transfer some amount to his bank account. The applicant has genuinely allowed accused Jayant Ghosh to use his account and has no role in the fraud.
It was also argued on behalf of Aggarwal that the charge sheet has already been filed after the completion of the investigation and there is no need for further custodial interrogation of him and no useful purpose would be served by keeping him in judicial custody further.The court rejected the argument.
"A huge amount of fraud amounting to several crores of rupees has been committed through a deep-rooted conspiracy. In such cases, the period of custody and filing of charge sheet alone are not grounds for bail, whereas the court has to consider other factors such as nature and gravity. " seriousness of the allegation; danger of the accused absconding or absconding; The character, conduct, means, condition and status of the accused; Reasonable apprehension that the witness may be influenced/threatened; Granting bail is obstructing justice,” the court said in the order.
