August 10, 2021 11:54:52 am
A Delhi court has denied anticipatory bail to Aarti Kalra, who is accused of duping various nationalised banks and fleeing to Dubai, observing that “allegations are grave and not a penny has been traced back.”
Her husband Sunny Kalra, also accused in the fraud case, was deported back to India from Oman based on an Interpol Red Corner Notice issued on the request of the CBI in 2020.
A case was registered against Sunny Kalra of White Tiger Steels Private Limited, his wife, Aarti and several others by the CBI in December 2015 for fraudulently obtaining a loan from Punjab National Bank.
The CBI also named Arti, who along with Kalra is a director at M/s White Tiger Steel pvt Ltd, and three public servants in the case on allegations of entering into a criminal conspiracy with Kalra, who based on forged documents obtained a loan. The CBI has claimed that he did not repay the loan and caused a wrongful loss to the bank.
The CBI prosecutor Jyoti Solanki told the court that the “modus operandi adopted by the applicant in this matter as well as in the other matters in collusion with her husband Sunny Kalra was to cheat nationalised banks to the tune of Rs 25 crores in which they succeeded around 10 years ago in 2012.”
Special Judge Surinder S Rathi, who denied her second anticipatory bail, said, “This court cannot remain in oblivion and has to take judicial notice that nowadays similar modus operandi is being adopted for cheating/duping the banks with the help of forged and fabricated documents in collusion with corrupt bank officials. The money was siphoned off and the accused fled out of the country… allegations are grave, crores of rupees were siphoned off and not a penny could be traced back. She fled the country and has been absconding for around a decade post commission of the crime. Bald plea of losses in business is not to be believed so far as a bogus firm with the fictitious document was created and there is nothing to show that money was applied in any business venture.”
The court said that it found no change in circumstances as the accused has been “absconding since the dismissal of her first anticipatory bail application aggravates the case and disentitles the applicant in seeking anticipatory bail.”
Advocate Pradeep Rana, the lawyer for the accused, told the court that the “applicant is desirous of coming back to India”. Rana told the court that “chargesheet has been filed and the other co-accused have been charge-sheeted without arrest.”
“Her conduct of fleeing from the country with her family and settling in Dubai in 2014 is relevant in terms of Section 8 of the Indian Evidence Act, 1872 and as such her bare plea to desire to come back in the absence of any gesture or intention to pay back the huge public money to the Nationalised banks is of no avail,” Solanki told the court.
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