Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money Laundering Act.

JUDGMENT :

Samit Gopal, J.

1. List revised.

2. Heard Ms. Katyayini and Shri Shishir Tandon learned counsels for the applicant, Sri Jitendra Prasad Mishra learned counsel for the Directorate of Enforcement / Opposite party No. 1 and Sri Ajay Singh learned AGA–I and Sri Sai Girdhar, learned counsels for the State/ Opposite party No. 2 and perused the records.

3. The present Anticipatory Bail Application has been filed by the applicant Satinder Singh Bhasin with the following prayers:-

“A. Pass the necessary Orders and Directions granting the Applicant herein Anticipatory Bail in the present matter i.e. Sessions Case No. 06/2023 titled "Directorate of Enforcement vs. Sanjay Bhati & Ors.", under Section 3 and 4 of the Prevention of Money Laundering Act, 2002 on such terms and conditions as this Hon'ble Court deems just, fit and proper:

AND

B. Pass appropriate order(s) or direction(s) that Mr. Satinder Singh Bhasin, the Applicant/Accused may be granted interim protection from arrest during the pendency of the present application;

AND

C. Pass such other or further Order(s)/Direction(s) as this Hon'ble Court may deem fit and proper.”

4. The present case relates to matter known as “Bike Bot Scam”. Many First Information Reports were lodged under Sections 406, 420, 471, 506, 120B I.P.C. and other sections against M/s Garvit Innovative Promoters Ltd. (in short ‘GIPL’) and Sanjay Bhati, its promoter and other directors on the basis of complaints filed by its various investors/customers.

5. Pursuant to registration of F.I.R’s under the scheduled offences, an ECIR/LKZO/05/2019, dated 29.06.2019 was filed in Lucknow Zonal Office of Directorate of Enforcement/respondent no. 1 against the accused persons for offence under Section 3 of Prevention of Money Laundering Act, 2002. Investigation in the said matter was being done in which the statements of various persons including the applicant was recorded on 20.3.2020 and in April 2020. Subsequently a complaint dated 19.8.2020 was filed by the Deputy Director, Directorate of Enforcement, Lucknow numbered as Original Complaint No. 1333/2020 in Provisional Attachment No. 05/2020 dated 20.7.2020, Deputy Director, Directorate of Enforcement, Lucknow Zonal Office vs. M/s Garvit Innovative Promoters Ltd. and 17 others, with the following prayers:-

“Under the facts and circumstances stated hereinabove, it is most humbly prayed that the Hon’ble Adjudicating Authority may kindly be pleased to:-

a. Take this complaint on record for the purposes of adjudication under Section 8 of the said Act and declare that the property under attachment is involved in money laundering;

b. Order confirmation of the Provisional Attachment Order No. 05/2020 dated 20.07.2020 in ECIR No. ECIR/LKZO/05/2019, under Section 8(3) of the Prevention of Money Laundering Act, 2002, read with Regulation 23 of Adjudication Authority Regulations, 2006;

6. A supplementary complaint dated 13.1.2022 under Section 45 read with Section 70 of the PMLA, 2002 for offence punishable under Section 3 of the Act was filed by the Assistant Director (PMLA), Directorate of Enforcement, against Sanjay Bhati and 18 others in which the applicant was arrayed as accused no. 16 and M/s Bhasin Infotech and Infrastructure Private Limited through its Director Sri Satinder Singh Bhasin was arrayed as accused no. 17 with the following prayers:-

“It is, therefore, most humbly prayed that:-

This Hon'ble Court may be pleased to take cognizance of the offerice against the aforesaid accused persons/ entities for coramitting the offence of Money Laundering as defined under Section 3 and punishable under Section 4 of the Prevention of Money Laundering Act, 2002 and issue process against all the accused parses and try and punish the accused in accordance with law.

This Hon'ble Court may be pleased to order for confiscation of the proceeds of crime properties involved in the money laundering in accordance with the provisions of sub section (5) of Section 8 of Prevention of Money Launderin