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IN THE HIGH COURT OF DELHI AT NEW DELHI
GIRISH KATHPALIA
Bhaskar Yadav – Appellant
Versus
Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. anticipatory bail applications overview. (Para 1) |
| 2. prosecution case and investigation details. (Para 2) |
| 3. arguments for and against anticipatory bail. (Para 3) |
| 4. legal framework and standards for bail. (Para 4) |
| 5. complexities of the money laundering case. (Para 5 , 6 , 7 , 8 , 9) |
| 6. the necessity and justification for custodial interrogation. (Para 10 , 11 , 12 , 13 , 14) |
| 7. conclusion denying anticipatory bail. (Para 15) |
JUDGMENT :
GIRISH KATHPALIA, J.
1. These anticipatory bail applications arising out of same Prosecution Complaint and based on similar factual and legal matrix are taken up together for disposal.
1.1 Both these applications were taken up for the first time before the predecessor bench in the month of January 2025 and thereafter, the matter continued getting adjourned for one or the other reason before different predecessor benches, and first effective hearing before me took place on 17.01.2026, when after hearing learned senior counsel for accused/ applicants as well as learned counsel for the Directorate of Enforcement (DoE), the matters were reserved for orders.
1.2 From January 2025 till 15.10.2025, despite there being no interim protection from
Anticipatory bail under the Prevention of Money Laundering Act requires demonstration of reasonable innocence and lack of likelihood to reoffend; both criteria unmet, justifying denial of bail.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
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 ruled that in economic offenses, particularly money laundering, anticipatory bail is rarely granted due to the grave nature of allegations and potential interference with investigations.
The main legal point established in the judgment is the seriousness of economic offences and the court's discretion in granting anticipatory bail during ongoing investigations.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
Anticipatory bail in economic offences requires stringent scrutiny; the applicant's involvement in a large-scale scam and risk of flight justified denial of bail.
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