Back
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL
Asim Das S/o Shri Shushil Das – Appellant
Versus
Directorate Of Enforcement Government Of India – Respondent
Order :
(Ravindra Kumar Agrawal, J.)
1.This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested on 03.11.2023 for the offence underSections 3 and 4 of Prevention of Money Laundering Act, 2002 (for short “PMLA-2002”), in ECIR No. RPZO/10/2022, registered by the Enforcement Directorate, Raipur (for short “ED”).
2.The prosecution’s case is that an FIR of Crime No. 112 of 2022, registered on 29.07.2022 at Police Station Mohan Nagar, Durg, Chhattisgarh under Section 4-A of the Public Gambling (CG Amendment) Act, 1976 and Sections 420 and 120-B of IPC and Section 66-D of Information Technology Act, 2000, which was registered against five accused persons, namely Alok Singh Rajput, Ram Pravesh Sahu, Kharag @ Raja Singh, Abhishek and Pintu. The ED had registered the Enforcement Case Information Report (for short ‘ECIR’) No. RPZO/10/2022. On the secrete information gathered by the officers of ED, the raid was conducted on the premises of other accused persons, in which it was found a set with laptop and they were collecting money by creating online IDs and through the
The court held that the applicant's involvement in money laundering was sufficiently established, necessitating denial of bail due to the serious nature of economic offenses and ongoing investigation....
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
The court emphasized that in economic offences under the PMLA, bail is not granted unless the accused proves they are not guilty and unlikely to commit further offences.
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
The court upheld that under Section 45 of the PML Act, the applicant failed to demonstrate that there were reasonable grounds for believing he was not guilty and unlikely to commit further offenses w....
The court determined that the prosecution must establish a clear link to proceeds of crime to justify denial of bail under PMLA, emphasizing the right to a speedy trial.
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
