$~77 to 79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 17.09.2024 + BAIL APPLN. 3056/2023 ADNAN NISAR ..... Petitioner Through: Mr. Tanveer Ahmed Mir, Mr. Kartik Venu, Mr. Shashwat Sarin and Mr.

Ariana D. Ahluwalia Advs.

versus DIRECTORATE OF ENFORCEMENT ..... Respondent Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani Mr. Kartik Sabharwal and Mr. Abhipriya Rai, Advs.

+ BAIL APPLN. 3168/2023 SHIVANG MALKOTI ..... Petitioner Through: Mr. Tanveer Ahmed Mir, Mr. Kartik Venu, Mr. Shashwat Sarin and Mr.

Ariana D. Ahluwalia Advs.

versus DIRECTORATE OF ENFORCEMENT & ANR. ..... Respondent Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani Mr. Kartik Sabharwal and Mr. Abhipriya Rai, Advs.

+ BAIL APPLN. 3529/2023, CRL.M.(BAIL) 1468/2023, 7861/2024 VISHAL MORAL ..... Petitioner Through: Mr. Amit Shukla, Mr. B.S. Pundir, Mr. Deva Shukla, Mr. Atul Mishra, Ms. Neha Shukla, Ms. Kumudini BAIL APPLN. 3056/2023 & connected matters Page 1 of 59 Signature Not Verified Digitally Signed By:NARENDRA SINGH Shukla, Mr. Rahul Ranjan and Mr.

Amit Kumar, Advs.

versus DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA THROUGH ASSISTANT DIRECTOR & ANR. ..... Respondents Through: Mr. Zoheb Hossain, Special Counsel for ED with Mr. Vivek Gurnani Mr. Kartik Sabharwal and Mr. Abhipriya Rai, Advs. CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J.

1. The present petitions have been filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter ‗CrPC‘) read with Section 45 of the Prevention of Money Laundering Act, 2002 (hereinafter ‗the Act‘ or ‗PMLA‘) seeking grant of regular bail arising out of ECIR No. DLZO- II/15/2023 dated 07.02.2023 registered under Sections 3 & 4 of PMLA at P.S. E.D. Delhi Zone-II, pending before learned Special Court, PMLA, Central District, Tis Hazari Court, Delhi.

2. Since the present petitions have been filed by co-accused persons and the factual background, as well as the questions of law before this Court are on the same lines having arisen from the same complaint, all three bail petitions are being decided vide this common judgment.

3. The relevant facts giving rise to the present petitions are as follows: BAIL APPLN. 3056/2023 & connected matters Page 2 of 59 Signature Not Verified Digitally Signed By:NARENDRA SINGH a. The Enforcement Directorate had received a letter dated 23.12.2022 forwarding therewith a Mutual Legal Assistance Request (hereinafter ‗MLA‘) No. CRM-182-85785 dated 04.12.2022 from the U.S. Department of Justice, Washington wherein request for legal assistance was sought. In the said MLA, it is alleged that one Mr. Vishal Moral (petitioner/accused), an Indian National, has committed an offence under Title 18, US Code, Section 1343 (Wire Fraud), Title 18, US Code, Section 1029 (Access Device Fraud), Title 18, US Code, Section 1030 (Computer Fraud) and Title 18, US Code, Section 1956 (Money Laundering).

b. As per MLA, a person (victim) living in Leawood, Kansas, U.S.A. reported to the U.S. authorities that between August 14, 2022 and August 15, 2022, crypto currencies worth approximately US$ 527,615.45 had been fraudulently transferred from the virtual currency addresses of the victim‘s Ledger Hardware Wallet.

c. On 13.08.2022, the victim downloaded and installed the Ledger Live software, a companion software for managing crypto wallets like the Ledger Hardware Wallet maintained by the victim, from the internet onto a laptop. The victim, thereafter, connected the Ledger Hardware Wallet to the laptop and made certain cryptocurrency transactions through the said software. After completing the aforesaid transfers, the victim promptly disconnected the Hardware Wallet from laptop.

d. On or about 14.08.2022, while the Hardware Wallet of the victim was disconnected, 0.995275351 Ethereum (hereinafter ‗ETH‘) valued at US$ 1,926.87, was fraudulently transferred from the wallet of the victim to the address BAIL APPLN. 3056/2023 & connected matters P