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JASPREET SINGH
Abbas Ansari – Appellant
Versus
Directorate Of Enforcement, Allahabad – Respondent
JUDGMENT :
Hon'ble Jaspreet Singh, J.
1. The applicant is a sitting MLA from Mau Assembly Seat No.356 in State of Uttar Pradesh. He is stated to be a professional sport person and he has been arraigned as an accused in ECIR/ALSZO/27/2021 [Directorate of Enforcement through Assistant Director, Allahabad, Vs. M/s. Vikas Construction & others] for the commission of offence punishable under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA)
2. The instant ECIR has been lodged based upon an investigation, initiated on the basis of three FIRs relating to predicate offences.
(ii) The other FIR is bearing No.185 of 2021 registered under Sections 419, 420, 468, 471, 120-B, 467 IPC against the accused of the said FIR. In the said FIR, significantly, the present applicant
The court emphasized that mere familial connections do not establish complicity in money laundering; direct involvement in proceeds of crime must be proven.
The judgment emphasizes the need for substantial probable causes to believe the accused is not guilty, the requirement to prove allegations beyond reasonable doubt, and the presumption of innocence u....
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.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
The first proviso to Section 45(1) of the PMLA relaxes the strict twin-condition requirement for women, allowing courts to consider bail applications based on general judicial principles while consid....
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