The court emphasized that in money laundering cases, the burden is on the accused to prove absence of mens rea, and economic crimes warrant stricter scrutiny in bail considerations.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer

1. The instant application has been filed under Sections 4 39 and 440 of Code of Criminal Procedure for grant of regular bail to the petitioner, in connection with ECIR Case No.05 of 2023 in ECIR-RNZO/10/2023, registered for alleged offence under Section 3 punishable under Section 4 of Prevention of Money Laundering Act, 2002, pending in the Court of Special Judge, P.M.L. Act, Ranchi.

Prosecution case/Facts

2. The brief facts of the case is that an ECIR bearing no. RNZO / 10 / 2023 was recorded on 07.03.2023 and investigation under the provisions of Prevention of Money Laundering Act (PMLA) was initiated on the basis of FIR being Sadar P.S. Case no. 399 of 2022 dated 08.09.2022 registered for offences under Sections 406 , 420, 467, 468, 447, 504, 506, 341, 323 & 34 of the INDIAN PENAL CODE since offences under Section 420 and 467 of IPC are Scheduled Offences under Part A of the Schedule of PMLA, 2002. Purportedly, another FIR number 137 of 2023 dated 10.05.2023 under Sections 120B, 465, 467, 468 & 471 of the INDIAN PENAL CODE was also registered at Hare Street PS, Kolkata on the basis of the report of the fact finding committee of the Registrar of Assurances, Kolkata which has also been made a part of the investigation as the FIR has been registered for three different forged deeds which were manufactured to acquire different landed properties including the property measuring 1 acre at Cheshire Home Road, Plot No 28, Khata No. 37, Mouza Gari, Ranchi, Jharkhand.

3. It has been stated that the FIR being Sadar P.S. Case No. 399 of 2022 was registered on the directions of the Ld. Court of Chief Judicial Magistrate, Ranchi in Complaint Case No. 3111 of 2021 passed vide order dated 28.06.2022. A complaint case was also filed by Umesh Kumar Gope against Rajesh Rai, Imtiaz Ahmad, Bharat Prasad, Lakhan Singh, Punit Bhargav and Bishnu Kumar Agarwal for fraudulently acquiring one acre of land situated at Cheshire Home Road, Plot No 28, Khata No. 37, Mouza Gari, Ranchi, Jharkhand.

4. The allegations in the first information report being Sadar PS Case no. 399 of 2022 are briefly as follows :

(i) The FIR alleged that Rajesh Rai illegally and fraudulently made a Power of Attorney in the name of Imtiaz Ahmad and Bharat Prasad on the strength of the said Power of Attorney they prepared a forged sale deed and sold the above-mentioned parcel of land admeasuring 1 acre to Punit Bhargav for an amount of Rs.1,78,55,800/-.

(ii) Puneet Bhargav further sold the said land to Bishnu Kumar Agarwal through two Sale Deeds for a total amount of Rs.1,80,00,000/-(Two Sale deeds dated 01.04.2021 for an amount Rs.1,02,60,000/- and Rs.77,40,000/-).

5. The investigation further revealed that though the consideration amount in the deed between Imtiaz Ahmed, Bharat Prasad and Puneet Bhargav is shown as Rs.1,78,55,800/-, only an amount of Rs.25,00,000 was paid from the account of Shiva Fabcons one proprietorship firm of Punit Bhargava into the account of Rajesh Rai on 12.02.2021. Investigation further reveals that out of the said 25 lakhs an amount of Rs.18,00,000/- was immediately transferred to the Bank account of Green Traders, a partnership firm under the control of Md. Saddam Hussain.

6. Further during the investigation, Surveys were conducted on 09.02.2023 and 15.02.2023 At the Circle Office, Bargain, Ranchi, and office of Registrar of assurances Kolkata respectively and original re