Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 215
Filing Date: Fri, 13 Jul 2018
Order Date: Thu, 21 Nov 2024
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
CNR No. DLCT11-000452-2019
CRC No. 01/2019 (Old CRC No. 08/18)
ECIR No. 12/DLZO/2014
Branch: Delhi Zonal Office, Zone-II.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
Offence u/s 3 and punishable u/s 4 PMLA, 2002
Matter taken up today on receipt of application dated 20.11.2024 from Bail & Filing Section, RADC, New Delhi filed on behalf of Accused Sh. Rajeev Agarwal.
Present:
Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld. Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja (all through VC) for ED.
Applicant/accused No. 12 Sh. Rajeev Agarwal with Ld. Counsel Sh. Tejasvi Gupta and Ms. Ana Upadhyay (all both through VC).
IA NO. 55/2024: APPLICATION DATED 20.11.2024 SEEKING PERMISSION FOR TRAVEL TO DUBAI ON BEHALF OF ACCUSED NO. 12 MR. RAJEEV AGARWAL FROM 05.12.2024 TO 08.12.2024 ON CONDITION OF PRIOR PERMISSION OF THIS COURT FOR TRAVELLING ABROAD.
Soft copy supplied to Ld. Advocate Sh. Ansh Singh Luthra for DoE.
This order shall dispose of the present application of the applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to travel abroad to Dubai from 05.12.2024 to 08.12.2024 for attending the Annual Strategy Meeting of KEC International Ltd including the plant visit in Dubai.
It is mentioned in the application that applicant/accused Rajeev Agarwal was granted bail vide order dated 15.10.2018 on certain conditions [Copy of order dated 15.10.2018 is enclosed with this application as AnnexureI]. It is further mentioned in the application that the applicant/accused has been
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diligent, compliant and co-operative with the investigation agencies had never misused/ breached any conditions imposed by this court at the time of granting him bail.
It is further mentioned in the application that the applicant/accused is a permanent resident of Mumbai and has deep roots in the society and has never involved in any offence whatsoever in any manner and has clean antecedents.
Through this application, the applicant/accused has provided the details of flight tickets and traveling details during the above mentioned period. He has also provided the detail of the address where he will be staying during his visit.
It is further mentioned in the application that earlier also, the applicant/accused Sh. Rajeev Agarwal has traveled on several occasions as per permission granted to him by this court. Details of previous travels of applicant/accused is mentioned at para 5 of the present application in a tabular form.
It is further mentioned in the application that the applicant/accused is not the main accused and is wrongly arrayed as an accused in the present matter. With respect to the transaction alleged in the complaint, the CBI has registered an FIR No. RC-219 2013(E) 0006, u/s 120-B, 409 and 420 of IPC r/w Section 13(1)(c) and 13(1)(d) of PC Act, 1988 against various accused persons. He was earlier wrongly arraigned as Accused No. 17 through Supplementary Chargesheet No. 06/2017 dated 22.03.2017 filed by CBI in Criminal Case No. 44 of 2016 pending before this court. However, at the time of framing of charges, this court, vide order dated 13.07.2018 [Copy of said order is enclosed with this application as Annexure-II] was pleased to discharge the applicant
from all charges in the said case which is relating to the same transaction alleged in the present complaint.
Ld. Special PP Sh. Rajesh Batra for DoE has not filed the reply but has formally opposed the application.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused no. 12 and Ld. Special PP for DoE.
A perusal of record shows that earlier also, the accused has traveled abroad on several occasions and has complied with all the conditions imposed by the court. The applicant/accused has undertaken in the present application that he will not dispute his identity and will comply with any condition imposed by this court.
Therefore, in the considered opinion of this Court, the applicant/accused no. 12 Rajeev Agarwal is entitled to permission of the Court to travel to Dubai from 05.12.2024 to 08.12.2024, as prayed for.
The conditions for this permission shall be as under:-
As prayed, digitally signed copy of this order be given dasti.
Arun Bhardwaj Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/21.11.2024
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
21.11.2024
Matter taken up today on receipt of application dated 20.11.2024
from Bail & Filing Section, RADC, New Delhi filed on behalf of Accused Sh.
Rajeev Agarwal.
Present: Ld. Special PPs Sh. Rajesh Batra, Sh. N.K. Matta and Ld.
Advocates Sh. Ansh Singh Luthra and Ms. Sonia Kukreja (all
through VC) for ED.
Applicant/accused No. 12 Sh. Rajeev Agarwal with Ld. Counsel
Sh. Tejasvi Gupta and Ms. Ana Upadhyay (all both through VC).
IA NO. 55/2024: APPLICATION DATED 20.11.2024 SEEKING
PERMISSION FOR TRAVEL TO DUBAI ON BEHALF OF ACCUSED NO.
12 MR. RAJEEV AGARWAL FROM 05.12.2024 TO 08.12.2024 ON
CONDITION OF PRIOR PERMISSION OF THIS COURT FOR
TRAVELLING ABROAD.
Soft copy supplied to Ld. Advocate Sh. Ansh Singh Luthra for
DoE.
This order shall dispose of the present application of the
applicant/accused no. 12 Sh. Rajeev Agarwal seeking permission to travel
abroad to Dubai from 05.12.2024 to 08.12.2024 for attending the Annual
Strategy Meeting of KEC International Ltd including the plant visit in Dubai.
It is mentioned in the application that applicant/accused Rajeev
Agarwal was granted bail vide order dated 15.10.2018 on certain conditions
[Copy of order dated 15.10.2018 is enclosed with this application as Annexure-
I]. It is further mentioned in the application that the applicant/accused has been
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diligent, compliant and co-operative with the investigation agencies had never
misused/ breached any conditions imposed by this court at the time of granting
him bail.
It is further mentioned in the application that the applicant/accused
is a permanent resident of Mumbai and has deep roots in the society and has
never involved in any offence whatsoever in any manner and has clean
antecedents.
Through this application, the applicant/accused has provided the
details of flight tickets and traveling details during the above mentioned period.
He has also provided the detail of the address where he will be staying during
his visit.
It is further mentioned in the application that earlier also, the
applicant/accused Sh. Rajeev Agarwal has traveled on several occasions as per
permission granted to him by this court. Details of previous travels of
applicant/accused is mentioned at para 5 of the present application in a tabular
form.
It is further mentioned in the application that the applicant/accused
is not the main accused and is wrongly arrayed as an accused in the present
matter. With respect to the transaction alleged in the complaint, the CBI has
registered an FIR No. RC-219 2013(E) 0006, u/s 120-B, 409 and 420 of IPC r/w
Section 13(1)(c) and 13(1)(d) of PC Act, 1988 against various accused persons.
He was earlier wrongly arraigned as Accused No. 17 through Supplementary
Chargesheet No. 06/2017 dated 22.03.2017 filed by CBI in Criminal Case No.
44 of 2016 pending before this court. However, at the time of framing of
charges, this court, vide order dated 13.07.2018 [Copy of said order is enclosed
with this application as Annexure-II] was pleased to discharge the applicant
Page 2 of 4
from all charges in the said case which is relating to the same transaction
alleged in the present complaint.
Ld. Special PP Sh. Rajesh Batra for DoE has not filed the reply but
has formally opposed the application.
This Court has considered the submissions made on behalf of Ld.
Counsel for the applicant/accused no. 12 and Ld. Special PP for DoE.
A perusal of record shows that earlier also, the accused has traveled
abroad on several occasions and has complied with all the conditions imposed
by the court. The applicant/accused has undertaken in the present application
that he will not dispute his identity and will comply with any condition imposed
by this court.
Therefore, in the considered opinion of this Court, the
applicant/accused no. 12 Rajeev Agarwal is entitled to permission of the Court
to travel to Dubai from 05.12.2024 to 08.12.2024, as prayed for.
• He shall furnish FD for a sum of Rs.10,00,000/- (Rupees Ten Lakh
Only).
• He shall inform to the IO and the Court about his arrival to India
mentioning the details of the places visited by him alongwith the other details
of the itinerary within seven days of his arrival. The applicant/accused shall
also file complete copy of his passport alongwith the copy of Visa in the Court
on his return.
• He shall not tamper with the evidence nor try to influence any witness
in any manner and will not use the permission granted to him so as to hamper
the trial in any manner.
• This permission shall be subject to other applicable rules and will not
be deemed as directions to any authority except the permission from the side
of the Court.
• His Advocate Sh. Siddhesh Kotwal shall undertake to accept notice
from the Court/IO, if any, on behalf of the applicant in his absence and shall
further undertake that in case the presence of applicant is required during the
aforesaid period he shall immediately intimate the applicant and the applicant
shall return to India within 48 hours.
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• He shall intimate the Court about his contact addresses where he would
be staying and his contact numbers.
The present application is accordingly disposed of.
Arun Bhardwaj
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/21.11.2024
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