Charu Khera vs State (NCT Of Delhi)

Headnote AI-drafted · Editorially reviewed

The petitioners Charu Khera and Aadhar Khera filed anticipatory bail applications before the Delhi High Court arising out of FIR No. 14/2022 dated 27.01.2022 registered at PS: EOW under Sections 408, 420, 467, 468, 471 and 120B IPC. The FIR was registered on the complaint of the Director of M/s Seagull Maritime Agencies Pvt. Ltd., alleging that the accused persons, in connivance with certain employees of Seagull, engaged in fraudulent activities to siphon off business and funds to newly incorporated entities — Azure Freight & Logistics LLP and Azure International LLC. Both anticipatory bail applications had been dismissed by the learned Sessions Court, and the petitioners approached the High Court.

The allegations against the principal accused involved systematic misrepresentation of Azure entities as part of the Seagull group, fraudulent diversion of Seagull's clients, manipulation of financial transactions including forging Bills of Lading, invoices and other documents, altering shipper names, and misusing Seagull's online credentials. It was further alleged that illicit money transfers from Seagull's USA operations to Dubai-based entities were converted into cash and collected in India by the accused, with estimated losses of approximately INR 30 crores. The applicants' names were placed in column 12 of the charge sheet as investigation against them was continuing, though the Trial Court had since taken cognizance against them.

Since both bail applications arose from the same FIR and involved similarity of facts and legal issues, the Delhi High Court decided both applications by a common order, examining the respective roles attributed to each applicant, the stage of investigation, and the principles governing the grant of anticipatory bail.

Catchwords: anticipatory bail economic offences fraud cheating forgery criminal conspiracy siphoning of funds Bills of Lading freight forwarding EOW charge sheet column 12 accused