The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial infringes on this right, warranting bail despite serious allegations.

JUDGMENT :

AMIT SHARMA, J.

1. The present application under Section 4 39 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) read with Section 4 5 of the Prevention of Money Laundering Act, 2002 (for short, ‘PMLA’) seeks regular bail in CC No. 123/2021 (ECIR/DLZO-II/54/2021) under Section 3 /4 of the PMLA.

2. The brief facts as detailed in the counter affidavit filed on behalf of the respondent are as under: -

“5.1 That a letter dated 14.06.2020 was received from Directorate of Enforcement, Delhi Zone-I, informing that Amarendra Dhari Singh has made certain financial transactions with Aditi Shivender Singh. As the matter of Religare Finvest Limited was being investigated vide ECIR/DLZO-II/05/20 I 9 by Directorate of Enforcement, Delhi Zone- II, the same was transmitted to Delhi Zone-II for further necessary action.

5.2 On 17.06.2021, Aditi Singh was summoned and her statement was recorded u/s 50 of PMLA in ECIR/DLZO-II/05/2019 and during her statement she tendered her Iphone X, which was sent to DFS, Gandhinagar for forensic analysis on 18. 06.2021. On analysis of call data records (CDR), it was revealed that CDR contained multiple calls from various numbers belonging to Union Government offices and Ministries of the Government of India. It was intriguing to see that multiple calls were received from landlines of various Government offices, which on verification revealed that these calls were not made from the said landlines.

5.3 That investigation revealed that the said calls were spoofed calls which meant that the calls had been made through an' App' which enables the caller to hide its real number and choose the number that the caller intends to reflect on the screen of the recipient of the call. The Respondent in order to identify the caller who had masked himself with the use of technology, decided to use technology get the IP address of the caller and eventually, the Respondent Directorate caught the IP address of the caller.

5.4 To further investigate the issue, the location of the caller was plotted and it was revealed that Sukesh Chandrashekhar was involved in this case. Once Aditi Singh was convinced that she was conned and extortion had been done, she reported the same to Delhi Police on 07.08.2021.

5.1 That on the basis of the complaint filed by Aditi Shivinder Singh with Delhi Police with respect to extortion of money to the tune of Rs. 200 crore by unknown persons, FIR No. 208/2021 dated 07.08.2021 was registered by Special Cell, Delhi Police under Sections 170 , 384, 386, 388, 419, 420, 506 and 120B of the INDIAN PENAL CODE , 1860 and Section 66(D) of the Information and Technology Act, 2000 against some unknown persons for hatching a criminal conspiracy by impersonating as Government Officers of highest ranks and extorted money to the tune of Rs. 200 crore from the complainant.

5.2 That the offences committed by the accused persons as per the FIR mentioned (supra) under sections 120-B, 384, 386, 388, 419, 420 of the INDIAN PENAL CODE , 1860 are specified as Scheduled Offences of Part A of the Prevention of Money Laundering Act, 2002, in terms of section 2(1)(y). On the basis of above referred FIR, an ECIR bearing number ECIR/DLZO-II/31/2022 was recorded by the Respondent Directorate on 08.08.2021 to investigate the offence of Money Laundering under Section 3 of the Prevention of Money Laundering Act, 2002 punishable under section 4 of the said Act to trace the proceeds of crime.

5.3 That during the course of investigation, it was revealed that the Applicant/A