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2023 Supreme(Del) 4701

JASMEET SINGH
Tarun Kumar – Appellant
Versus
Assistant Director Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Siddharth Aggarwal, Senior Advocate with Mr. Malak Bhatt, Ms. Neeha Nagpal, Ms. Samridhi, Ms. Arshia Ghose, Advocates, for the Petitioner.
Mr. Zoheb Hossain, Spl. Counsel with Mr. Vivek Gurnani, Mr. Kartik Sabharwal, Advocates, for the Respondent.

JUDGMENT Jasmeet Singh, J.

Facts:

1. This is an application seeking bail in Complaint Case No. 20 of 2021 bearing ECIR/DLCO-1/12/2021 arising out of FIR No. RC0742020E0014 wherein the applicant has been charged u/s 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and u/s 120B r/w 420, 465, 467, 468 and 471 of IPC, 1860 and is in custody since 22.06.2022. The applicant is alleged to have been involved in the offence of money laundering. The allegations against the applicant are that the applicant aided in fraudulent increase of inventory/stock in the account books of M/s Shakti Bhog Foods Limited [`SBFL'] which helped in increasing the borrowings.

2. The SBFL was engaged in manufacturing and selling food items like wheat flour, rice, biscuits, cookies, dalia, gram flour, maida etc. under the established and well-known brand name of `Shakti Bhog'. The company was managed through its Directors/Guarantors - Sh. Kewal Krishan Kumar, Sh. Siddharth Kumar and Smt. Sunanda Kumar. SBFL had around 250 regular employees. It is stated that the applicant was one such employee and was drawing renumeration as an employee.

3. An Investigation revealed that a bank fraud was committed by t

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