ORDER

Heard learned counsel appearing on behalf of the parties.

2. The present application has been preferred for grant of bail to the above-named petitioner, who has been made accused (as accused no. 4 in the supplementary prosecution Complaint dated 09.01.2025) instituted for the offences under section 3 & punishable under section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the “PMLA”), arising out of Enforcement Case Information Report (in short the “ECIR”) bearing no. PTZO/04/2024 dated 14.03.2024 read with Addendum ECIR dated 20.09.2024 corresponding to Special (Trial) PMLA SC No. 10/2024.

3. In brief, as per ECIR case, the petitioner was a close associate of Sanjeev Hans one I.A.S. Officer of Bihar Cadre and Gulab Yadav, Ex-MLA, who assisted them in illegal financial transactions and in layering, laundering and concealment of the proceeds of crime. Financial transactions were traced between their accounts, including payments from the petitioner’s company to the entities linked to the M/s Anand Trading Corporation, a known associate of Sanjeev Hans and Gulab Yadav. The petitioner acted as a subcontractor for the firms associated with the Bihar Government’s Energy Department. The petitioner was alleged to involve in recommending the transfer of government officials and facilitating meetings between private contractors and Sanjeev Hans. It is alleged that the petitioner purchased one flat bearing No. C-35 in Anand Niketan, New Delhi ostensibly for Sanjeev Hans with actual consideration money of Rs. 9.60 crores out of which, Rs. 3.35 crores was paid in cash. The sale consideration was shown as Rs.6.25 crores. Further, Gulab Yadav and petitioner jointly purchased one property at Yusuf Sarai in New Delhi. During search, a blank signed cheque of Rs.2.75 crores related to the said property’s earlier owner was seized from the petitioner’s residence, which shows his involvement in laundering the proceeds of crime. WhatsApp chats, financial records and Sections 17 and 50 statements confirm coordinated efforts by the petitioner and Sanjeev Hans to layer and conceal the proceeds of crime and thus petitioner alleged to involved in assisting Sanjeev Hans and Gulab Yadav in generating the proceeds of crime to the tune of Rs. 9.60 crores and Rs. 70 lakhs through corrupt practices during the period March, 2023 and 2014-15 respectively. From Assessment years 2017-18 to 2023-24, the total income in the hands of the petitioner and his wife is of Rs. 3,02,72,366/- only against which, they acquired assets worth Rs.12.81 crores.

ARGUMENT ON BEHALF OF THE PETITIONER

4. Mr. Mrigank Mauli, learned senior counsel appearing for the petitioner submitted that the petitioner is an innocent person and has falsely been implicated in this case due to ulterior motive for the reason that petitioner did not derive or obtain any property directly or indirectly as a result of any of the criminal activities relating to the scheduled offences. It is pointed out by Mr. Mauli that petitioner has not committed any of the offences listed in Part-A, Part-B or Part- C of the Schedule appended to the PMLA, 2002. No offence is made out against the petitioner under Section 318(4) of the Bhartiya Nyay Sanhita, 2023 (in short ‘BNS’) or Sections 7, 12, 13(1)(a), 13(1)(b) and 13(2) of the Prevention of Corruption Act (in short ‘P.C. Act’).

5. Explaining the purchase of flat No.C-35, third floor, Anand Niketan, New Delhi, it is submitted by Mr. Mauli that the said property was purchased by petitioner through registered sale deed dated 24.03.2023 through which one Gudo Luthra sold said flat to the petitioner after receiving the total consideration money of Rs.6.25 crores only. Out of total consideration money of Rs.6.25 crores, the petitioner paid Rs. 3 crores to the vendor through Housing loan taken from the Union Bank of India, Hauz Khas branch, New Delhi in March, 2023 and Rs. 3.25 crores was paid from his savings accruing in that bank. The purch