The court emphasized that bail is the rule and refusal is an exception, granting bail under PMLA, 2002 due to lack of evidence and procedural violations during arrest.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. The present Bail Application under Section 439 read with Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C. 1973”) read with Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA, 2002”) has been filed on behalf of the Applicant seeking grant of Regular Bail in ECIR No. ECIR/HIU-II/14/2022 (hereinafter referred to as “ECIR case”) dated 22.08.2022 registered under Sections 3/4 PMLA, 2002 at Police Station HIU, Directorate of Enforcement (hereinafter referred to as “ED”).

2. The Applicant has submitted that he is an experienced professional with expertise in Tier-I Client Management, Regulatory, and Policy expertise, Project Strategy and Management, Government Advisory, Business Development with substantial International exposure. He is a Bachelor of Technology in Mechanical Engineering from the University of Kerala and has also completed Master of Science in Mechanical Engineering from University of Saskatchewan and Master of Business Administration from Indian School of Business, Hyderabad. The Applicant has worked in a varied range of sectors and fields across countries. The Applicant started his career with Reliance Industries Limited and went on to work in Canada for seven years as an Analyst at the Ontario Power Generation Nuclear Safety Solutions Limited and worked with various other Companies. The Applicant had volunteered to work with organisations such as UNICEF, Canada to educate children about UNICEF’s Work for Children across the world, as well as with Afghans4Tomorrow to help improve the business skills of students at the Kabul Education University. The Applicant despite being lodged in Tihar Jail No. 4 as an under-trial prisoner, has volunteered to work as Horticulture Sahayak.

3. It is stated that the GNCTD released the Delhi Excise Policy for the Year 2021-2022 (hereinafter referred to as the “Excise Policy”) on 05.07.2021, after the fulfilment of all the procedures of Tenders and Allotment; the Excise Policy was implemented on 17.11.2021 by the GNCTD.

4. However, vague allegations have been made against high ranking Government officials that they were in cahoots with one other and other persons, and were instrumental in recommending the Excise Policy without the approval of the Competent Authority to extend favours to certain licensees that were issued after the implementation of the Excise Policy.

5. A Complaint dated 20.07.2022 addressed to the Union Home Secretary by the Hon’ble Lieutenant Governor, NCTD vide D.O. Letter No. SLG/Conf./2022/75 alleging large-scale malpractice and corruption in the framing and implementation of the Excise Policy for the Year 2021-22, was conveyed to the Central Bureau of Investigation (CBI) by the Director, Ministry of Home Affairs, Government of India vide O.M. No. 14035/06/2022-Delhi-1 dated 22.07.2022 for necessary enquiry and action.

6. Thereafter, the CBI registered an FIR No. RC0032022A0053 (hereinafter referred to as “CBI case”) dated 17.08.2022 under Section 120B of the Indian Penal Code, 1860 read with Sections 7/7A/8 of Prevention of Corruption Act, 1988 at Police Station CBI, ACB, New Delhi against Manish Sisodia and 14 others.

7. After five days of registration of the CBI case, the respondent also registered the aforementioned ED case. Even though the Applicant was named as an accused in this ED case, but the facts were never disclosed to him while issuing summons to him. During the course of investigations by the CBI and the respondent ED, the Applicant was summoned at least on 40 occasions which were duly complied and the Applicant fully cooperated with the Investigating Agency. However, the Investigating Agency conducted the entire investigations by coercing the witnesses/accused/suspect and more particularly the Applicant to give self-incriminating statements.

8. In the interim, on 25.11.2022, the CBI filed the Chargesheet in the CBI case, wherein the A