Back
2023 Supreme(UK) 498
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Sandeep Gupta - Applicant
Versus
Directorate of Enforcement (PMLA) - Respondent
First Bail Application No. 754 of 2023
Decided On : 11-12-2023
Advocate Appeared:
For the Applicant :Mr. Aditya Singh, Advocate
For the Respondent: Mr. Atul Bahuguna Central Government Standing Counsel.
The court highlighted the specific and grave nature of the allegations against the applicant and the restriction on granting bail under Section 45 of the Prevention of Money Laundering Act, 2002.
Headnote:
Money Laundering - Bail Application - Prevention of Money Laundering Act, 2002 - Section 3, Section 4
Fact of the Case:
The applicant sought regular bail in connection with a Complaint Case pending before the Court of District and Sessions Judge, Dehradun. The applicant was in judicial custody for the offence under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002.
Finding of the Court:
The court found that the allegations against the applicant were serious and grave, and the mandatory conditions for bail under Section 45 of the Act were not satisfied. Therefore, the bail application was rejected.
Issues: The issues revolved around the applicant's involvement in cheating and money laundering, as well as the satisfaction of the mandatory conditions for bail under Section 45 of the Act.
Ratio Decidendi: The court emphasized that the allegations against the applicant were specific and grave, and the non-obstante clause in Section 45 of the Act was intended to restrict the powers to grant bail.
Final Decision: The bail application of the applicant was rejected, with the court clarifying that its observations would not affect the trial.
JUDGMENT :
Alok Kumar Verma, J.
The present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 by the applicant-accused seeking regular bail in connection with the Complaint Case (Special Sessions Trial No. 01 of 2021, bearing ECIR 01/DNSZO/2016), pending before the Court of District and Sessions Judge, Dehradun.
2. Applicant is in judicial custody since 14.03.2023 for the offence under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 (in short, “Act, 2002”).
3. The facts of the case reveal that four FIRs were lodged against the present applicant and co-accused persons. One FIR (No. 61 of 2015) was registered at Police Station – Nehru Colony, Dehradun on the basis of the complaint filed by one Lakham Bikashpathi. A charge-sheet was filed against the present applicant and co-accused persons under Sections 406, 411, 418, 419, 420, 468 and Section 120-B of the Indian Penal Code, 1860 (in short, “IPC”). It was alleged that the applicant along with co-accused persons cheated the complainant to the tune of Rs. 10 lakh by dishonestly inducing him in getting admission for his daughter in Post Graduation Course at Himalayan Institute and Hospital Trust, Jolly Grant, Dehradun (in short, “HIHT”).
4. One FIR (No. 109 of 2015) was registered at Dalanwala Police Station, Dehradun on the basis of the complaint filed by one Dr. Amardeep Kumar Singh. It was alleged that the present applicant along with co-accused persons cheated him to the tune of Rs. 46 lakh by dishonestly inducing him in getting admission for his son in the Post Graduation Course in HIHT. A charge-sheet was filed against the present applicant and co-accused persons under Sections 406, 418, 419, 420, 467, 468, 34, 471 and Section 120-B IPC.
5. An FIR (No.112 of 2015) was registered at Dalanwala Police Station, Dehradun on the basis of the complaint of Dr. Sidhant Kulkarni. It was alleged that the present applicant along with co-accused persons cheated him to the tune of Rs. 64 lakh by dishonestly inducing him in getting admission in the Post-Graduation Course in M.D. (Dermatology) at HIHT. Upon conclusion of the investigation, a charge-sheet was filed against the present applicant and co-accused persons under Sections 406, 418, 420, 34 and Section 120-B IPC.
6. An FIR (No. 116 of 2015) was registered at Police Station Dalanwala, District Dehradun on the complaint of Dr. K. Tarun Rao. After investigation, a charge-sheet was filed against the present applicant and co-accused persons under Sections 418, 419, 420, 406 and Section 120-B IPC. It was alleged in that matter that the present applicant along with co-accused persons cheated the complainant to the tune of Rs. 29 lakh by dishonestly inducing him in getting admission in Post-Graduation Course in M.D. (Pulmonology) at HIHT.
7. Heard Mr. Aditya Singh, learned counsel for the applicant and Mr. Atul Bahuguna, learned Central Government Standing Counsel for the respondent.
8. It is submitted by Mr. Aditya Singh, learned counsel appearing for the applicant, that a bare perusal of the complaint, filed by the respondent, would reveal that there are no allegations against the present applicant that he ever generated or received any money and there is no allegation against the applicant that any point in time he handled any proceeds of crime for any of the purposes mentioned under Section 3 of the Act, 2002, whereas, for being regarded as proceeds of crime, the property associated with the scheduled offence must have been derived or obtained by a person, “as a result of” criminal activity relating to the concerned scheduled offence. The prosecution agency has not recorded any reasons to believe which are required to be recorded in writing that the applicant is in connection of any proceeds of crime, and, applicant is ready and willing to submit bail bonds to the satisfaction of this Court.
9. The allegations against the present applicant have been detailed in paragraph no. 15.6 of
