RUCHI GOYAL ALIAS KIRAN GOYAL Vs. STATE

JUDGEMENT

(1.) This order shall dispose of petitioner's application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in Case FIR No.448/2001 registered at PS Tilak Marg, New Delhi under Sections 408/409/419/420/467/471/477-A read with Section 120-B of the IPC. It may be mentioned here itself that the petitioner had earlier also moved an application for anticipatory bail which was declined by Hon'ble Mr.Justice M.A.Khan vide orders dated 14.11.2002. Learned counsel for the petitioner, however, submits that this application has been moved as the petitioner has found some more material to pursuade the Court to order her enlargement on bail before her arrest.

(2.) The petitioner was working with United States Educational Foundation in India (USEFI) which came into existence through a treaty between India and United States of America for academic exchanges between the two countries. The body is governed by a Board of Directors on which five Indians have been appointed by the Ministry of Human Resources Development and five have been appointed by United States Ambassador in India. The day-to-day operations are controlled by the Executive Director. The petitioner and her co-accused Arindam Das were looking after the Fiscal Section of the aforesaid Body which inter alia included management of systems, accounts, audit, disbursement of expenses, receipts, payments to the grantees and staff etc. They allegedly misappropriated a sum of about Rs.58 lacs by claiming payments on the basis of inflated, forged and manipulated bills. The vouchers approved by the Executive Director were tampered with and drafts were got issued for higher amounts so as to pocket the excess money. It is alleged that the petitioner in conspiracy with her co-accused, managed to siphon off about Rs.58 lacs which were got cleared through various bank accounts in the name of the petitioner or in her name as Kiran Goyal or in the name of her husband Sukraj Singh as well as in the name of Nexus Travel Related Services of which she was a partner. Many bills purportedly issued for raising demands against USEFI have been found to be forged and fabricated. Some evidence has been collected to show as to how the overdrawn payments was channelised through different bank accounts in order to get the bank drafts encashed. To quote an example, a bill from Hotel Inter Continental, New Delhi which was for Rs.1,58,270/- was substituted by a forged and fabricated bill for Rs.1,95,510/-. A draft for Rs.1,95,510/- was got issued from USEFI in the name of Nexus Travels and after making the payment of Rs.1,58,510/- to Hotel Inter Continental, the balance amount was siphoned off.

(3.) Learned counsel for the petitioner has vehemently argued that the whole case against the petitioner is false and fabricated and whatever she had done was under the instructions of her superiors. This plea does not appeal to reason in as much as no employee who has no dishonest designs would venture to commit forgeries and fabrications and get the amounts deposited in his own accounts with a view to oblige his superiors. Learned counsel for the petitioner has further argued that challan against the co-accused Arindam Das who is on bail has been filed in which the petitioner has been shown in column No.2 and as such, she cannot be remanded to police custody nor any further interrogations can be made from her. This Court does not agree with the submissions made by learned counsel for the petitioner for the reason that by merely avoiding arrest, no accused can take refuge under the plea that he cannot be interrogated by way of remand to police custody.