2021 (5) TMI 158 - HC - Money Laundering

Grant of Regular Bail - case of applicant is that she was only employee and started her career as data entry operator and was working under main director - HELD THAT - In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. The applicant is ordered to be released on regular bail on executing a personal bond of ₹ 10,000/- - Bail application allowed.

Summary

Issues: Regular bail application under Section 439 of CrPC for offences under PMLA, 2002

Detailed Analysis:

I. Nature of Offence and Bail Application: The applicant filed for regular bail under Section 439 of the CrPC for offences under the Prevention of Money Laundering Act, 2002, related to a complaint registered with the Directorate of Enforcement, Ahmedabad.

II. Applicant's Submission: The applicant, represented by a senior advocate, argued that she was not originally named as an accused in the case and was merely an employee who progressed in the company under the direction of the main director, who was the alleged perpetrator. The applicant had been granted anticipatory bail for related offences under the Indian Penal Code.

III. Opposition to Bail: The respondent State opposed the grant of bail citing the seriousness of the offence and the applicant's alleged involvement in disposing of properties purchased with illicit funds.

IV. Magnitude of Crime: The Additional Solicitor General highlighted the significant role played by the applicant in attempting to dispose of properties acquired through illegal means and cited the seriousness of the offence under the Prevention of Money Laundering Act.

V. Considerations for Bail: The Court considered various aspects, including the date of the offence, the applicant's gender, her role as an employee progressing to a director, and the fact that she had complied with conditions of anticipatory bail for related offences.

VI. Proviso to Section 45 of PMLA: The Court noted that the proviso to Section 45 provides exceptions for certain categories of individuals, including women, which may exempt the applicant from the stringent requirements of Section 45(1)(ii).

VII. Financial Benefit and Role: It was emphasized that there was no evidence to suggest that the applicant received any financial benefit from the alleged offence or that she was a direct participant in the fraudulent activities.

VIII. Decision on Bail: Considering the nature of the allegations and without delving into detailed evidence, the Court deemed it appropriate to grant the applicant regular bail with specific conditions.

IX. Conditions of Bail: The Court ordered the applicant's release on regular bail upon execution of a personal bond and surety, along with conditions to safeguard against misuse of liberty and to ensure cooperation with the investigation.

X. Further Instructions: The Court directed the applicant to comply with specific requirements, including surrendering her passport, marking monthly presence at the police station, and informing authorities of any change in residence.

XI. Observations and Trial Proceedings: The Court clarified that its observations at the bail stage should not influence the trial court's assessment of evidence during the trial proceedings.

XII. Final Ruling: The bail application was allowed, and the Court made the rule absolute to the specified extent, permitting direct service and providing flexibility for the lower court to modify the bail conditions as necessary.