The Bombay high court has granted bail to Dolly Makhija @ Dolly Pankaj Kalra, a Delhi resident, who was arrested by cyber police in July 2023 for allegedly duping a complainant to the tune of Rs1.31 crore.
The high court granted her bail observing that prima facie Makhija did not appear to be the beneficiary of the amounts and that the money was credited in the bank account of a company in which she worked as a secretary.
The HC was hearing an appeal by Makhija challenging the sessions court order rejecting her bail.
The cyber police station, BKC, had registered an FIR under various sections of the IPC and the Information Technology Act in 2022. According to the police, Makhija and co-accused Vicky Makhija made the complainant to part with Rs1,31,40,285 since March 2021. They allegedly told the complainant that if he invested money as per their advice, he would get lucrative returns since the money would be invested in gold, silver and other commodities.
Makhija’s advocate Sunil Pandey submitted that she had no role in the alleged fraud. Pandey pointed out that as per the prosecution case, the money was credited to the account of “RICHCAP FINANCIAL SERVICES PRIVATE LIMITED”, of which Vicky was a Director. Makhikja was working as the Secretary in the said Company and is not a beneficiary of the alleged fraud.
Pandey also said that Makhija has a four-year-old kid who suffers from genetic disorder. She attached a disability certificate to show the same.
State advocate Shailesh Ghag opposed the bail plea.
The court, however, granted her bail noting that the amounts were credited to the accounts of RICHCAP FINANCIAL SERVICES PRIVATE LIMITED. It also noted that Rs4 lakh were credited to her bank account, which has been frozen.
“Prima facie, the applicant does not appear to be a beneficiary of the alleged fraud. In any event, investigation is complete. Charge-sheet has been lodged. The applicant has been in custody since 10th July, 2023. The applicant is a woman. Thus, having regard to the role attributed to the applicant, further detention of the applicant seems unwarranted,” observed Justice NJ Jamadar while directing her release on furnishing a personal bond of Rs30,000.
The court has directed her not to tamper with the prosecution evidence and/or give threat or inducement to the witnesses and any of the persons acquainted with the facts of the case.
