Dr. Aadhar Khera vs State (Govt. Of NCT Of Delhi)

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The petitioners, Dr. Aadhar Khera and Charu 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 408/420/467/468/471/120B IPC. Their applications had been dismissed by the Sessions Court — Aadhar Khera's on 10.11.2022 and Charu Khera's on 15.01.2024. Since both applications arose from the same FIR and involved similar facts and legal issues, they were decided by a common order.

The FIR was registered on the complaint of the Director of M/s Seagull Maritime Agencies Pvt. Ltd., alleging that the accused persons, including Ajay Khera and Siddharth Khera, in connivance with certain employees, fraudulently diverted Seagull's clients and funds to newly incorporated entities — Azure Freight & Logistics LLP and Azure International LLC — by forging Bills of Lading, invoices, and other shipping documents, altering shipper names, and misusing Seagull's online credentials. The estimated wrongful loss was approximately INR 30 crores. During investigation, it was further revealed that funds from Seagull's USA operations had been illicitly transferred to Dubai-based entities and subsequently converted to cash collected in India by Ajay Khera and Aadhar Khera, estimated at INR 18–19 crores.

The petitioners contended that they had been falsely implicated. Both petitioners' names were placed in Column 12 of the charge sheet as investigation against them was continuing, though the Trial Court subsequently took cognizance against them. The High Court considered the matter on the basis of submissions by senior counsel for the respective petitioners and the State, and decided the applications by a common judgment.

Catchwords: anticipatory bail economic offences wing fraud cheating forgery criminal conspiracy Bills of Lading diversion of funds freight forwarding false implication cognizance charge sheet Column 12