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TMI Blog2022 (12) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court does not deem it appropriate to enlarge the accused-applicant on anticipatory bail. This anticipatory bail application is, therefore, rejected. However, it is provided that if the accused-applicant surrenders and applies for regular bail within seven days from today, the same shall be considered, preferably on the same day, keeping in mind that the accused-applicant was not arrested by the Directorate of Enforcement, invoking the powers under Section 19 of the PMLA during the investigation and he had cooperated with the investigation - Application disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... of award of contracts, procurement of goods, article and etc. at various levels. ............................ The facts and circumstances, aforesaid make out a case for reference to CBI for making a preliminary enquiry in the affairs of NRHM in the entire State of U.P. right from the very inception of the NRHM. We, therefore, direct the Director, CBI to conduct a preliminary enquiry in the matter of execution and implementation of the NRHM and utilization of funds at various levels during such implementation in the entire State of U.P. and register regular case in respect of persons against whom prima facie cognizable offence is made out and proceed in accordance with law. The preliminary enquiry shall be conducted from the period com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the ED carried on investigation from the year 2012 to 2021 i.e. till it filed the complaint before the Designated Court at Lucknow; the accused-applicant always cooperated during the investigation and he was not arrested by the CBI, invoking powers under Section 19 of the PMLA; twin conditions provided under Section 45 of the PMLA for considering regular bail/anticipatory bail do not apply in three conditions; (i) a person who is under the age of 16 years; (2) is a woman; (3) is sick or infirm or where the amount involved of proceeds of crime is less than 1 Crore. It is further submitted that all the charge-sheets, in which involvement of the accused-applicant has been found the amount involved is around 80 Lac and it is less than Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the time of offence, lower limit was only 30 Lac. The learned counsel, therefore, submits that it is well settled that economic offences constitute a separate and distinct class and while considering the bail application in such an offence, it has not visited differently than the offence under the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"). In respect of cooperation during the investigation by the ED, the leaned counsel for the respondent - Directorate of Enforcement says that the accused-applicant appeared whenever he was called and his statement under Section 50 of the PMLA was recorded. The learned counsel, however, submits that considering the parameters under Section 438 CrPC, it cannot be said that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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