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2022 Supreme(Del) 812

SUDHIR KUMAR JAIN
Rana Kapoor – Appellant
Versus
Directorate Of Enforcement – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikas Pahwa, Senior Advocate with Ms. Stuti Gujral, Ms. Priti Verma Mr. Shaurya Singh, Mr. Prabhav Rali and Mr. Abhishek Pati, Advocates.
For the Respondent:Mr. Anupam S. Sharrma, Special counsel, ED with Mr. Prakarsh Airan, and Ms. Harpreet Kalsi, Mr. Ripudaman Sharma, Mr. Abhishek Batra, Mr. Nishant Chaudhary and Mr. Anurag Verma, Advocates.

JUDGMENT :

1. The present bail application is filed under section 439 of the Code of Criminal Procedure, 1973 (herein after referred to as “the Code”) seeking bail in C.C.no. ECIR/11/HIU/2021 dated 15.06.2021 titled Directorate of Enforcement V Gautam Thapar & others pending in the court of Special Judge (PC Act, CBI-02), Rouse Avenue District Court, New Delhi.

2. CBI registered FIR bearing RC No.2232021A0005 under sections 120B and 406, 420, 468, 471 IPC at P.S AC-V, Delhi on basis of complaint received from Ashish Vinod Joshi, Chief Vigilance Officer, Yes Bank Limited against M/s Oyster Build well Private Limited and its holding company M/s Avantha Reality Limited, its Directors/Promoters namely Raghubir Kumar Sharma, Shri Rajendra Kumar Mangal, Shri Tapsi Mahajan and Gautam Thapar and unknown officials of M/s Jhabua Power Investment Limited, unknown known officials of Power Power Limited, unknown officials of M/s Avantha Holdings Ltd., unknown officials of M/s Avantha Power & Infrastructure Ltd. and unknown bank officials.

2.1 Thereafter respondent filed CC No. ECIR/11/HIU 2021 dated 15.06.2021 under sections 44 and 45 of Prevention of Money Laundering Act, 2002 (hereinafter referr

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