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2023 Supreme(Del) 580

ANISH DAYAL
Ajay Khera – Appellant
Versus
State of GNCTD – Respondent


Advocates:
Advocate Appeared:
Mr. Vikas Pahwa, Sr. Adv. with Mr. Sumer Singh Bopari, Mr. Sidhant Saraswat, Mr. Arun Kumar, Mr. Varun Bhati, Ms. Namisha Jain and Mr. Suyash Goverdhan, Mr. Yudhivir Singh Chauhan, APP for the State with Insp. Awadhesh Kr. Singh, Mr. Ankur Chawla, Mr. Mudit Jain, Mr. Aamir Vihan, Mr. C.B. Bansal, Mr. Rudraksh Nakra and Ms. Garima Singh, Advs

JUDGMENT :

Anish Dayal, J.

By this petition regular bail is being sought for the petitioner in FIR No. 14/2022 lodged under sections 408/420/467/468/471/120B IPC with PS Economic Offences Wing. The petitioner is a senior citizen of 67 years of age and has been in custody since 23rd September, 2022. Charge sheet has been filed on 19th December, 2022.

2. As per the case of the prosecution, M/s. Seagull Maritime Agencies Private Limited (Complainant Company/Seagull) deals in the Freight Forwarding business in India and had started a branch in USA in 2010. It was alleged that the petitioner (an ex-employee of a group company) who was working with the Seagull as a legal consultant, requested the ex-promoters of Seagull to employ his son Siddharth Khera to look after the USA branch of Seagull. Accordingly, Siddharth Khera was appointed as Business Development Manager at the USA branch of Seagull. Seagull's management suspected that its revenue per annum was declining steadily from the highs in 2018 to the severe low in July 2021 and it was revealed that the alleged persons had incorporated two companies viz. Azure Freight & Logistics LLP (in November 2020) and Azure International LLC (in Ju

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