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SANJAY KUMAR SINGH
Meena Anand – Appellant
Versus
Directorate Of Enforcement Government Of India – Respondent
JUDGMENT :
1. Heard Mr. Vinayak Mittal, learned counsel for the applicant and Mr. Jitendra Prasad Mishra, learned counsel appearing on behalf of the Enforcement Directorate.
2. Brief facts of the case are that the applicant has been granted anticipatory bail vide order dated 18.01.2024 passed by the court of Special Judge, Anti Corruption, CBI, Ghaziabad imposing six conditions. The applicant is aggrieved by the condition No. 1,imposed upon her while granting anticipatory bail to her, which is as follows:-
3. The instant application under Section 482 Cr.P.C. has been preferred by the applicant with a prayer to set aside the condition No. 1 imposed by the court of Special Judge, Anti Corruption, CBI, Ghaziabad in anticipatory bail order dated 18.01.2024 of the applicant, arising out of ECIR No. ECIR/LKZO/05/2019 under Sections 3/4 of Prevention of Money Laundering Act, 2002.
4. On 18.03.2024, after hearing the learned counsel for the parties at length, t
conditions for grant of bail ought not to be so strict as to be incapable of compliance, thereby making a grant of bail illusory. The conditions while granting bail should be reasonable, so that it m....
Grant of Pre-arrest bail (Anticipatory bail) – Conditions to be imposed must not be onerous or unreasonable or excessive – Tests for grant of anticipatory bail are well delineated and stand recognize....
Non-compliance with the condition of bail, as per Section 148 of the Negotiable Instruments Act, can justify the cancellation of bail.
The court affirmed that conditions imposed during anticipatory bail remain valid until civil suits are resolved, emphasizing that criminal proceedings are not for realizing disputed dues without tria....
Bail should not be granted or conditioned on financial undertakings; it must be assessed strictly on its merits according to law.
Anticipatory bail under Section 438 CrPC is an extraordinary remedy, granted only in exceptional circumstances, particularly when the applicant is not a proclaimed offender.
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