A London Court on Wednesday rejected the third bail plea filed by fugitive diamond merchant Nirav Modi.
"Bail not granted. I find that it's a large fraud and I am concerned about Modi's lack of community ties in the UK. He has access to resources and interference with the witnesses is a concern too. Any interference with witnesses will contradict the case," Magistrate Emma said while pronouncing the order.
Judge Emma Arbuthnot while dismissing the third bail plea filed by the diamond merchant said that the matter will now be listed for hearing after 28 days.
This was a renewed bail application due to change of circumstances and the bail security was doubled. An accused is allowed to file for bail only twice unless there has been a significant change in circumstances.
During the course of hearing, prosecution CPS appearing for the Indian government urged the court not to grant him bail on the basis of change of circumstances.
CPS contended before the court that Nirav Modi is influencing the witnesses and claimed that he engaged in the destruction of evidence. "Modi is assisting witnesses to set up homes in Egypt," the prosecution claimed, adding that he has substantial amount of finances.
"He has on various occasions, made attempts to intimidate a number of witnesses," CPS contended.
CPS also claimed that according to the evidence furnished by the Indian government, there has been interference and destruction of evidence and there is a further risk that he may abscond.
Following this, Claire Montgomery QC appearing for Modi argued that during first and second hearing she and her client didn't have enough time to check whether the allegations made were credible.
"There have been significant seizure of precious items in India," said Modi's counsel dismissing the claims that his client has access to substantial funds.
Barrister QC further contended, "He has an allegation of fraud of 6000 crores but the same amount worth of assets are already either seized or frozen by the Indian govt."
"I hope I have said enough to persuade you that many parts of claims made by India are false. Their effort to present it as a diabolical mechanic to portray him as a hardcore criminal are completely false," said QC dissenting on the claims of India.
India is seeking Nirav Modi's extradition to make him face the law of the land for allegedly committing economic offences like fraud and money laundering to the tune of US $ 2 billion.