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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Moideen Kutty K. @ M. K. Faizy, S/o. Saidali Kalachan – Appellant
Versus
Directorate of Enforcement, New Delhi – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) read with Section 45 and 65 of Prevention of Money Laundering Act, 2002 (hereinafter referred to as “PMLA”) has been filed on behalf of the Applicant/Moideen Kutty K @ M.K. Faizy seeking Regular Bail in ECIR No. ECIR/STF/17/2022 dated 21.09.2022 for commission of the Scheduled Offence under Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) and Section 17 , 18, 18B, 20, 38, 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “ UAPA ”).
2. It is submitted that the second Bail Application of the Applicant was dismissed by the Ld. Special Court on 28.08.2025.
3. The brief facts are that the Respondent/ED registered the ECIR No. ECIR/02/HIU/2018 dated 02.05.2018 on the basis of basis of National Investigation Agency (hereinafter referred to as “NIA”) and other law enforcement Agencies invoking Scheduled offences under Sections 120 -B, 121, 121A of IPC , Sections 3 , 4 and 5 of the Explosive Substance Act, Sections 25 and 27 of the Arms Act and Sections 13 , 16, 17, 18 and 18(A) of
A bail application under PMLA can be granted if the accused demonstrates that there are reasonable grounds for believing they are not guilty and are unlikely to commit further offences while on bail.
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
The court emphasized that in economic offences under the PMLA, bail is not granted unless the accused proves they are not guilty and unlikely to commit further offences.
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
The court held that allegations against appellants lacked sufficient evidence connecting them to terrorist activities, allowing for bail under the UA(P) Act.
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
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