JUDGMENT :

(Rajesh Singh Chauhan, J.)

1. Heard Sri Jaideep Narain Mathur, learned Senior Advocate, assisted by Sri Ritwick Rai, Sri Rajiv Shaker Bhatnagar, Sri Birendra Kumar Mishra, Sri Anshuman Mohit Chaturvedi, Sri Agni Sen, Sri Vaibhav Tiwari and Sri Aviral Rai, learned counsel for the applicant as well as Sri Rohit Tripathi, learned counsel for the Enforcement Directorate.

2. Sri Rohit Tripathi has filed counter affidavit, the same is taken on record.

3. As per learned counsel for the applicant, the present applicant is in jail since 10.01.2023 in Sessions Case No.2791 of 2022, arising out of ECIR No.ECIR/04/PMLA/LZO/2012, under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002, currently pending in the Court of learned Special Judge, PMLA, Lucknow.

4. Brief facts of the case are that the present case pertains to the National Rural Health Mission (hereinafter referred to as “NRHM”) in the State of U.P., which was floated on the joint efforts of the Central Government and State Government. One M/s. Jagran Solutions was established in the year 2005 as a unit of Jagran Prakashan Ltd. (for short “JPL”). Jagran Solutions is a reputed concern involved in business activities of brand activation, Meetings Incentives Conferences and Events (for short “M.I.C.E”), retail & ISP, Rural Marketing and Activation Consulting. Jagran Solutions has so far executed more than 4500 projects with total turn-over of over Rs.500 Crores and has to its credit, 63 National-level and 76 International-level Awards.

5. The Applicant joined Jagran Solutions in the year 2007 as Senior Accounts Manager and is presently working as the business head of Jagran Solutions. As a part of his official duties, the applicant undertook business development and client servicing for Jagran Solutions.

6. The Director General, Family Welfare, U.P., published an advertisement seeking private bidders to operate MMUs in selected districts of U.P. for a period of three years. Jagran Solutions submitted a proposal for providing MMUs in all 15 districts as advertised in the Request For Proposal (for short “RFP”). The financial proposal submitted by Jagran Solutions quoted a composite price (Capital Expenditure plus Recurring Expenditure) of INR 1,36,97,098/-as the cost per MMU. The financial proposals of Jagran Solutions were approved and the Firm entered into four different agreements with the Director General, Family Welfare. On the complaint of huge bungling, fraud and forgery in the issue relating to the NRHM, the matter was referred to the CBI and CBI registered preliminary enquiry on 19.11.2011 pursuant to the order being passed by the High Court in Writ Petitions No.3611 (MB) of 2011, 3301 (MB) of 2011 and 2647 (MB) of 2011, dated 15.11.2011. Pursuant to the report of preliminary enquiry, CBI registered FIR No.RC 04(A)/2012, SCU-V/SC-II, New Delhi (FIR) on 05.02.2012, inter alia, against M/s. Jagran Solutions, under Section 420 IPC, Sections 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”.

7. The Enforcement Directorate also registered ECIR/04/PMLA/LZO/2012 (ECIR) on 14.04.2012.

8. Notably, after some litigations at the High Court and the Apex Court, the present applicant was sent to the judicial custody on 03.07.2014 by the Special Judge, P.C. Act in relation to the predicate offence due to his non-appearance in the court on the date fixed owing to death of the father of the applicant. However, his counsel was duly appeared before the learned trial court. Thereafter, vide order dated 28.08.2015 passed in Criminal Misc. Second Bail Application No.934 of 2015 (Annexure No.11), the present applicant was granted bail by this Court. In the aforesaid order dated 28.08.2015, this Court has observed that the applicant has throughout cooperated in the investigation, has not absconded and there is no likelihood of tampering with the evidence by the applicant. This Court further directed the applicant to depo