2024 (12) TMI 1530 - HC - Money Laundering

Seeking grant of bail - Money Laundering - extortion of money by impersonating himself - twin conditions of Section 45 of PMLA 2002 - HELD THAT - it is evident that the applicant was involved in posting morphed and edited photographs of himself along with the Prime Minister of India and other Ministers of Government of India. He had been impersonating and thus misrepresenting his status and extorting money from people for getting their work done through Government Agencies for personal financial gains. His Facebook Account and Instagram Account revealed posting of the said photographs along with the other documents (invitation card in his name of Oath Taking Ceremony of the Prime Minister of India invitation card in his name for lunch with the Prime Minister of India etc.) just for persons to believe that he was a person well known to them and thus was successful in extorting them. The recovery of huge amount of money and other related documents and articles corroborate his deeds. The trial in the matter has started in which evidence of one prosecution witness (Sharmila Dalmia/P.W.-1) has been recorded. There is nothing credible to overcome the twin conditions of Section 45 of PMLA 2002. Looking into the facts and circumstances of the case as well as nature and gravity of the offence it is not inclined to release the applicant on bail - bail application dismissed.

Summary

The judgment issued by the Allahabad High Court addressed the following issues:1. **Issue Presented and Considered:** - Whether the applicant, Mohammad Kashif, should be granted bail in a case involving charges of money laundering under the Prevention of Money Laundering Act, 2002.2. **Issue-Wise Detailed Analysis:** - The Enforcement Directorate registered an ECIR against Mohammad Kashif based on an FIR alleging extortion and impersonation of government officials. The applicant was accused of posting morphed photos with high-ranking officials to extort money for personal gains. - The court considered the evidence of the investigation, including seized cash, documents, and social media posts, to determine the prima facie case of money laundering. - The applicant sought bail, claiming innocence and citing previous judgments in support of his case. - The Enforcement Directorate opposed bail, arguing that the applicant engaged in suspicious activities and had incriminating evidence against him. - The court noted the seriousness of the allegations, the ongoing trial, and the evidence presented, ultimately denying bail due to the gravity of the offense and lack of grounds to overcome the statutory conditions under the PMLA.3. **Significant Holdings:** - The court concluded that Mohammad Kashif's actions, including posting morphed photos and extorting money, were serious offenses warranting denial of bail. - The judgment emphasized the importance of considering the nature and gravity of the offense in bail decisions under the PMLA.In summary, the Allahabad High Court denied bail to Mohammad Kashif in a money laundering case due to the seriousness of the allegations and the evidence presented against him. The court's decision was based on the nature and gravity of the offense and the lack of grounds to overcome the statutory conditions for bail under the Prevention of Money Laundering Act, 2002.