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2023 Supreme(Chh) 542

NARENDRA KUMAR VYAS
Rajnikant Tiwari, S/o Lt. Mr. Shashi Bhushan 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 Mr. Harshwardhan Parganiha, Ms. Saloni Verma, Advocate.
For the Respondent:Mr. Sourabh Kumar Pande, Advocate.

ORDER :

1. This is first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested 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 Sections 186, 204, 353, 120B, 384 of IPC, Sections 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 investigation under Section 132 of the Income Tax Act conducted on 30.06.2022 and 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 upon the further investigation the Enforcement Directorate registered ECIR No. RPZO/09/2022 and further investigation was conducted. In the course of the inves

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