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2023 Supreme(Chh) 496

NARENDRA KUMAR VYAS
Laxmikant Tiwari, S/o Late Mr. Vrindavan Prasad Tiwari – Appellant
Versus
Directorate of Enforcement, GOI, Through its Assistant Director, Mr. Nirmal Jharwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Siddharth Aggarwal, Sr. Advocate with Ms. Arshiya Ghose, Mr. Harshwardhan Parganiha, Ms. Saloni Verma & Mr. Harshit Sharma, Advocate.
For the Respondent:Mr. Sourabh Kumar Pande, Advocate.

ORDER :

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested on 13.10.2022 in connection with Crime No. ECIR/RPZO/09/2022 dated 29.09.2022 registered at Police Station-Directorate of Enforcement, Zonal Office, Raipur (C.G.) for the offence punishable under Section 3 & 4 of the Prevention of Money Laundering Act, 2002 (for short “the PMLA, 2002”).

2. The case of the prosecution is that during a search and seizure action under Section 132 of the Income Tax Act conducted on 30.06.2022 one Mr. Suryakant Tiwari at a hotel room of Hotel Shereton Grand, Bengaluru, certain incriminating materials are said to have been found, based upon which a complaint was lodged by the Income Tax Department at the Kadugodi, Police Station Bengaluru alleging offences under Sections 186, 204 and 353 read with Section 120B of the IPC which led to the registration of the FIR. Based up on the further investigation the Enforcement Directorate registered ECIR No. RPZO/09/2022 and further investigation was conducted. In the course of the investigation the present applicant was summoned and finally the app

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