Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH, J.
Rajnish Bansal - Applicant
Versus
Directorate of Enforcement - Respondent
CrMP (M) No. : 2084 of 2025
Decided On : 25-11-2025
| Table of Content |
|---|
| 1. ecir registration based on predicate cbi fir. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. ed searches, cooperation, io corruption case. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 27 , 28) |
| 3. summons disputes, nbws issuance, arrests. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 29 , 30 , 31 , 32) |
| 4. ed allegations of fraud, non-cooperation. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 84) |
| 5. counsel arguments on malafides, precedents. (Para 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93) |
| 6. maintainability despite po proceedings. (Para 94 , 95 , 96 , 97 , 98 , 99 , 100) |
| 7. malafides post-io arrest, hasty actions. (Para 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122) |
| 8. arrest requires recorded reasons. (Para 123 , 124 , 125 , 126 , 127 , 128 , 129 , 130 , 131) |
| 9. non-confession not non-cooperation. (Para 132 , 133 , 134 , 135 , 136 , 137 , 138 , 139 , 140) |
| 10. twin conditions satisfied for bail. (Para 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 155 , 156) |
| 11. anticipatory bail granted with conditions. (Para 157 , 158 , 159 , 160) |
JUDGMENT :
Virender Singh, J.
Applicant-Rajnish Bansal has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), as, he is apprehending his arrest in case, registered vide ECIR No. SHSZO/04/2019, dated 19th July, 2019, with Sub-Zonal Office, Directorate of Enforcement, Shimla (hereinafter referred to as ‘ED’), under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’).
2. By way of the present application, the indulgence of this Court has been sought to direct the ED to release the applicant on bail, in the event of his arrest, in the afore-stated case.
3. The relief has been sought on the ground that the ECIR has been registered by the ED, on the basis of source information, contained in case FIR No. 133/2018, registered under Sections 409, 419, 465, 466 and 471 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station East, Shimla, H.P. The investigation of the same is stated to have, thereafter, been transferred to CBI, vide notification No. Home (A) A (9) 31/2018, dated 20th March, 2019 and, subsequently, RC No. 0962019S0002, dated 7th May, 2019, was registered with CBI/ACB, Shimla, under Sections 409, 419, 465, 466 and 471 IPC.
4. It is the further case of the applicant that since Sections 419 and 471 IPC were the Scheduled Offences, as defined under the PMLA, in both the FIRs, the ECIR was registered by the ED.
5. As per the further case of the applicant, after the registration of the case, i.e. RC No. 0962019S0002, CBI conducted searches and seizures at 22 private institutions, including Himalayan Group of Professional Institutions and Apex Group of Professional Institutions, which had applied for and received Post Matric Scholarship Scheme for SC, ST and OBC students of Himachal Pradesh. The applicant is stated to be the Chairman of Himalayan Group of Professional Institutions, Kala Amb, Sirmaur and Apex Group of Professional Institute, whereas, his brother Vikas Bansal is the Vice President of these institutions. The applicant and his brother are stated to be the trustees of Maa Saraswati Educational Trust and People Welfare Educational Trust. The Himalayan Group of Professional Institution, Kala Amb, Sirmaur, H.P., has been operating under Maa Saraswati Educational Trust, whereas, Apex Group of Professional Institute is running under People Welfare Educational Trust.
6. According to the applicant, the CBI had arrested him on 8th April, 2022, during the course of the investigation, in the aforesaid FIR and was released on bail
Anticipatory bail granted in PMLA case due to agency's sudden coercive action post-arrest of its IO for bribery, prior cooperation shown, no custodial necessity evidenced, twin conditions under Sec 4....
Compliance with Section 19 of PMLA and satisfaction of twin conditions under Section 45 of PMLA are crucial for determining the validity of arrest and granting bail.
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.
The main legal point established in the judgment is the need for strict compliance with the mandatory provisions of the Prevention of Money Laundering Act (PMLA) in the arrest and bail application pr....
PMLA Section 45 twin conditions relaxable by constitutional courts where voluminous evidence delays trial unreasonably, prolonged custody violates Article 21 speedy trial right, ensuring bail despite....
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.
In PMLA cases, constitutional courts grant bail despite Section 45 twin conditions if prolonged incarceration (over two years), trial delay not attributable to accused, and no reasonable trial conclu....
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 held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
