Delhi Court Rejects Bail Plea Of Man Accused Of Cheating

Delhi's Patiala House court recently denied bail to a man accused of cheating the Customs Department of crores of rupees. It is alleged that Rs 20.9 crores were transferred to the bank account of the accused.

This case pertains to the alleged cheating worth Rs 40 crore since 2018. The Economic Offences Wing of Delhi Police is investigating the case.

Additional Sessions judge Devender Kumar Jangala dismissed the bail plea of Amit Agarwal considering 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 huge amount. The trial has not yet commenced and further investigation is also going on. Other two accused persons are reported to have absconded the process of law and declared proclaimed offenders.”

"The release of the applicant/accused at this crucial stage may hamper the trial/further investigation. In view of the aforesaid no ground for bail is made out. Hence, the bail application is dismissed," the court said in its order of June 12.

The court noted that the case relates to the criminal conspiracy hatched by the accused persons, misappropriating a huge amount running in crores of rupees, causing loss to government exchequer.

It further noted that the accused is reported to be a signatory of the bank account in the name of M/s Elcom Enterprises where a huge amount in crores of rupees was received. The accused has also diverted huge cheated money into the bank accounts of other co-accused persons. The accused is also alleged to have withdrawn a sum of Rs.1.04 crores in cash from the said account.

"The evidence collected by the investigating agency is sufficient enough to establish the active involvement of the applicant/accused in the alleged crime...," the judge observed.

Advocate Kaushaljeet Kait alongwith Vinit Chaudhary appeared for accused Amit Agarwal.

It was argued on behalf of Agarwal that he is a victim of circumstances as the accused Jayantha Ghosh was well known to him and asked him to allow some amount to be transferred to his bank account. The applicant, in a bonafide manner, has allowed accused Jayant Ghosh to use his account and he has no role in cheating.

It was also argued on behalf of Agarwal that after completion of the investigation charge sheet has already been filed and he is not required for further custodial interrogation and no useful purpose would be served by keeping him further in Judicial custody.

The court rejected the submission.

"A huge amount in multiple crores of rupees has been cheated through a deep-rooted conspiracy. The period of custody and filing of charge sheet in such cases is not itself a ground for bail whereas the court has to consider other factors like nature and gravity of the accusation; severity of punishment; the danger of accused absconding or fleeing; character, behaviour, means, position and standing of accused; the likelihood of offence being repeated; reasonable apprehension of the witness being influenced/threatened and danger, of course, of justice being thwarted by the grant of bail," the court said in the order. 

(ANI)