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RAJNISH BHATNAGAR
Ankit Agarwal – Appellant
Versus
Directorate Of Enforcement – Respondent
ORDER
Rajnish Bhatnagar, J. - CRL.M.A.N0. 15810/2021
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
BAIL APPLN. 3619/2021
1. The present bail application has been filed by the petitioner under Section 438 read with Section 482 Cr.P.C. seeking anticipatory bail in case bearing ECIR No. DLZO-I/43/2021, Under Section 3 R/w Section 4 of the Prevention of Money Laundering Act, 2002 in CC No. 17/21 titled as "Directorate of Enforcement Vs. Amrendra Dhari Singh & Others.
2. Briefly stated, the facts of the case are that a charge-sheet in the form of complaint was filed by the ED wherein it was alleged that a CBI case was registered vide RC 221/2021/E/0009 on 17.05.2021 U/s 120B, 420 IPC and Sec. 13(l)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act) against accused Amarendra Dhari Singh and other accused persons.
3. Accused Amarendra Dhari Singh was a Senior Vice President of M/s Jyoti Trading Corporation, at the relevant time. The accused persons named in the CBI case entered into a criminal conspiracy during 2007 to 2014 and cheated and defrauded IFFCO and Indian Potash Limited. (IPL), the share holders of
The court emphasized the importance of cooperation in the investigation and the lack of evidence of tampering or threatening, considering the nature of the alleged offence.
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
Anticipatory bail may be granted under PMLA, considering the health challenges of the accused and lack of direct proceeds of crime linked to them.
The main legal point established in the judgment is that the twin conditions under Section 45 of PMLA must be satisfied before granting bail in a money laundering case, and the accused's involvement ....
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