JUDGMENT

Dinesh Kumar Sharma, J. - The present bail application has been filed seeking bail in case FIR No. 208/2021 dated 07.08.2021 registered under Sections 170/384/386/388/419/420/506/186/353/463/471/120-B of IPC, 66-D Information Technology Act, Section 3 & 4 of MCOC Act, 1999 registered at PS Special Cell.

2. Briefly stated that the case of the prosecution is that on 15.06.2020 complainant Ms. Aditi S. Singh received a call from a landline number on her mobile phone in which the caller introduced himself as a senior officer in the Ministry of Law and proposed to help her in resolving the legal matters related to her husband and her companies. The person demanded a sum of Rs. 20 Crores for getting the work done and conveyed the modalities regarding the delivery of money. Thereafter, allegedly, the caller through his associates extorted money from her on multiple occasions. It has been alleged that the accused persons hatched a conspiracy by impersonating as Government Officers of the highest ranks and extorted money from the complainant to the tune of Rs. 217 Crores on multiple occasions.

3. Further, the complainant alleged that she received a call to deliver Rs.1 Crore on 07.08.2021. On the information provided by the complainant, a trap was laid and accused Pradeep Ramdani, who came in a Hyundai I-20 car No. HR-26 BC 4740 was caught redhanded while receiving the amount of Rs. 1 Crore from the complainant. Pradeep Ramnani said that he collected the money on the instructions of his brother Deepak Ramnani. At the instance of Pradeep Ramnani, his brother Deepak Ramnani was also arrested in this case. Their interrogation further led to the alleged mastermind Sukesh Chander Sekhar, who had allegedly roped them in to collect the payment from the complainant. Sukesh Chander Shekhar was lodged in Rohini Jail as UTP in the case of allegedly taking money from AIADMK leader T.T.V. Dinakaran on the pretext of helping him to retain the "two leaves" symbol for his party. On the intervening night of 07/08.08.2021 raid was carried out by Special Cell at Cell No. 204, Ward No. 3 of Jail No. 10, Rohini Jail, and two mobile phones were recovered from the possession of Sukesh Chander Sekhar. He was arrested in the present case. Further, the interrogations of the accused led to the identification of their associates and co-conspirators, and in total, 20 persons (except the present one) were arrested in the present case.

4. During the investigation, allegedly it transpired that accused Sukesh Chandra Shekhar diverted part of the crime proceeds to the Bollywood celebrities in the shape of gifts. Investigation also revealed that accused Sukesh Chandra Shekhar roped in applicant i.e., Ms. Pinky Irani, who is based in Mumbai to facilitate him to get in touch with various Bollywood celebrities. Allegedly, the examination/interrogation of various Bollywood celebrities such as Nora Fatehi, Jaqueline Fernandez, Leepkashi Elhawaidi, Mehboob Khan, Prashant Gunjalkar, Sophia Singh, Shaan Muthathil, Nikita Tamboli, Chahat Khanna revealed the facts and the role played by Pinky Irani. As per the prosecution case total of Rs.217 crores were extorted on different occasions. It has also been alleged that Accused Pinky Irani received an amount of Rs.74,60,000/- in her bank accounts from various bank accounts at the instance of the accused Sukesh Chandra Shekhar which is allegedly Proceeds of Crime. It is a matter of record that the accused/applicant Pinky Irani has already been granted bail in the ED matter vide order dated 15.02.2022 by Ld. Trial court.

5. The Learned Trial Court vide order dated 04.03.2023, dismissed the bail application of the applicant. The Ld. Trial Court inter-alia held that prima facie, conditions u/s 21(4) of the MCOC Act have not been fulfilled. Moreover, in the ED matter grant of bail to the accused/applicant was on account of her taking benefit of the proviso attached to Section 45 of the PML Act, whereas no such exempting proviso is att