2019 (10) TMI 1425 - HC - Money Laundering

Grant of Anticipatory Bail - money laundering - present Applicant illegally realised some amount from different rice millers through his Personal Assistant Girish Sharma and secretly kept that money with Dr. Anand Dubey - HELD THAT - Considering that charge-sheet has already been filed and it seems that custodial interrogation of the Applicant is not required and coaccused Anil Tuteja has already been granted anticipatory bail by this Court and, therefore, on the same footing, the present Applicant is also extended the benefit of anticipatory bail. The anticipatory bail application is allowed subject to conditions imposed.

Summary

Issues:
Apprehension of arrest in connection with multiple criminal offenses, including corruption charges under the Prevention of Corruption Act. Application for anticipatory bail based on innocence and lack of evidence. Opposing arguments by the State. Grant of anticipatory bail by the High Court.

Analysis:
The judgment dealt with the applicant's apprehension of arrest in connection with a case registered for various offenses, including those under the Indian Penal Code and the Prevention of Corruption Act. The applicant, a former Chairman of a government body, was accused of illegally realizing money through his Personal Assistant and keeping it with another individual. The applicant's counsel argued that he was innocent and falsely implicated, emphasizing the lack of evidence against him. It was highlighted that the charge sheet was filed three years after the FIR, and no custodial interrogation was necessary as the applicant's presence was not required. The defense also pointed out weaknesses in the prosecution's case, including witness statements and the quality of the investigation.

The State opposed the bail application, but after hearing arguments from both sides and considering the circumstances, the High Court granted anticipatory bail to the applicant. The court noted that since a charge sheet had already been filed and custodial interrogation seemed unnecessary, the applicant should be granted bail on the same grounds as a co-accused who had been given anticipatory bail earlier. The court directed the applicant to furnish a personal bond and a surety, along with specific conditions to ensure his cooperation with the trial proceedings and to maintain the integrity of the legal process.

In conclusion, the High Court allowed the anticipatory bail application, emphasizing that the applicant should be released on bail upon arrest in connection with the case. The court imposed specific terms and conditions to ensure the applicant's compliance with the legal proceedings and to prevent any interference with the trial process.