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TMI Blog2023 (3) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... reas the applicant alone is languishing in jail for an offence which carries the maximum punishment of imprisonment for a period of seven years, alongwith fine - the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. This bail application stands allowed. - CRIMINAL MISC. BAIL APPLICATION No. - 2891 of 2023 - - - Dated:- 17-3-2023 - Hon ble Subhash Vidyarthi , J. For the Applicant : Pranjal Krishna For the Opposite Party : Kuldeep Srivastava ORDER 1. Heard Sri S. C. Mishra, Senior Advocate assisted by Sri Purnendu. Chakrawarti and Sri. Pranjal Krishna Advocates, the learned counsel for the applicant, Sri Kuldeep Srivastava, the learned counsel for the Directorate of Enforcement and perused the record. 2. This is the second bail application for release of the applicant on bail in Complaint Case No. 4 of 2018 (Assistant Director, Directorate of Enforcement, Lucknow Vs. Yadav Singh and others) in the Court of Session Judge / Special Judge, PMLA, Lucknow under Sections 3 and 4 of Prevention of Money Laundering Act, 2002, (hereinafter referred as PMLA, 2002 ) arising out of Complaint No. E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the proceeds of crime had been generated in the form of cash and assets / immovable and movable properties. Cash and properties worth Rs.14,48,15,830/- was attached vide order dated 08.05.2018. 6. By means of an order dated 07.09.2018 passed in Writ Petition (Criminal) No. 177 of 2018, the Hon ble Supreme Court had allowed the applicant to appear before the Trial Court within two weeks and had given her the liberty to file a bail application, which was directed to be considered by the Trial Court forthwith. The order further provided that even if the bail application was rejected, the applicant would not be arrested for a period of 30 days in order to enable her to approach the higher forum. 7. By means of an order dated 11.07.2018, the period of interim protection granted vide order dated 07.09.2018, was further extended by 30 days. 8. The applicant surrendered before the Trial Court on 15.09.2018 and moved a bail application which was rejected by the Special Court on the same day. The applicant thereafter, filed Criminal Misc. Bail Application No. 42111 of 2018 and by means of an order dated 01.11.2018, a Division Bench of this Court had granted interim bail to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has also been stated in the affidavit that the applicant is the only accused person who is in custody and no other accused person is in custody. 12. Sri S.C. Mishra Senior Advocate, the learned counsel for the applicant has submitted that the principal co-acused Yadav Singh has already been granted bail by means of an order dated 13.03.2023 passed by this Court in Criminal Misc. Bail Application No. 4044 of 2018 and it is only the applicant who is still languishing in jail in the present case. 13. Sri Mishra has further submitted that the applicant is a woman and she is suffering from various diseases. One of the kidneys of the applicant has been removed and she is surviving with one kidney. The applicant is also suffering from anxiety, depression, and panic attacks. The applicant had to remain admitted to a hospital from 16.01.2023 and 17.01.2023 and copies of documents regarding her ailments and treatment have been annexed with the affidavit. He has submitted that keeping in view the aforesaid facts, the applicant is entitled to be released on bail. 14. The Enforcement Directorate has filed a counter affidavit for opposing the bail application. Sri. Kuldeep Srivastava, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel for the parties. 18. Section 45 (1) of the Prevention of Money Laundering Act, 2002, provides that the offences under the Act will be cognizable and nonbailable. The relevant provision of Section 45 (a) of the Act reads thus: - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no person accused of an offence (under this Act) shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm 112(or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees), may be released on bail, if the Special Court so directs : 19. In Vijay Madanlal Choudhary and others Vs. Union of India and others (Supra), the Hon ble Supreme Court held that: - ..... 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