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TMI Blog2023 (12) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... intended to restrict the powers to grant bail. Allegations against the present applicant are not without substance. The allegations are categorical and specific. A definite role has been assigned to the applicant. On perusal of the record, it reveals that serious and grave allegations have been levelled against the applicant. The mandate of the Parliament is that the person accused of the offence under the Act should not be released on bail unless the mandatory conditions provided under Section 45 of the Act, 2002 are satisfied. In the facts and circumstances of the case, it cannot be said that mandatory conditions, have been satisfied. It is, therefore, not possible for this Court to record satisfaction that there are reasonable grounds f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Course at Himalayan Institute and Hospital Trust, Jolly Grant, Dehradun (in short, HIHT ). 4. One FIR (No. 109 of 2015) was registered at Dalanwala Police Station, Dehradun on the basis of the complaint filed by one Dr. Amardeep Kumar Singh. It was alleged that the present applicant along with co-accused persons cheated him to the tune of Rs. 46 lakh by dishonestly inducing him in getting admission for his son in the Post Graduation Course in HIHT. A charge-sheet was filed against the present applicant and co-accused persons under Sections 406, 418, 419, 420, 467, 468, 34, 471 and Section 120-B IPC. 5. An FIR (No.112 of 2015) was registered at Dalanwala Police Station, Dehradun on the basis of the complaint of Dr. Sidhant Kulkarni. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002, whereas, for being regarded as proceeds of crime, the property associated with the scheduled offence must have been derived or obtained by a person, as a result of criminal activity relating to the concerned scheduled offence. The prosecution agency has not recorded any reasons to believe which are required to be recorded in writing that the applicant is in connection of any proceeds of crime, and, applicant is ready and willing to submit bail bonds to the satisfaction of this Court. 9. The allegations against the present applicant have been detailed in paragraph no. 15.6 of the Complaint. The role of the applicant in the commission of the offence of money laundering reads as under; 15.6 Sandeep Gupta (Accused no. 6) Sandeep Gupta one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent, contended that the present applicant played an active role in inducing the complainants in getting admission in the Post Graduation course in HIHT. He projected himself as the Personal Assistant to the Vice Chancellor of HIHT. He along with co-accused persons has collected donations and received commission from the complainants. He in connivance with co-accused persons has generated huge funds to the tune of Rs. 1.29 Cr. through criminal activity related to the scheduled offence. He used to get commission for his said illegal activity. These funds are proceeds of crime generated through criminal activity related to the scheduled offence. The present applicant is one of the main architects involved in cheating the complainan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when he reached Delhi on 17.03.2015, he went to Cancer Department of HIHT where he met Rohit Chauhan, Ankush Sagar Khatri and Sandeep Gupta and they were introduced by Rajeev Rana to him as employee of Administrative Wing of HIHT. 14. Mr. Atul Bahguna, Advocate further submitted that investigation also revealed that Dr. Sidhant Kulkarni paid an amount of Rs. 1 lakh to Ratish Negi, the co-accused, as a token amount. The whole deal was finalized for an amount of Rs. 1 Crore. The said amount i.e. Rs. 1 lakh received in cash was equally distributed among Sandeep Gupta (present applicant) and co-accused persons. Dr. Sidhant Kulkarni transferred an amount of Rs. 63 lakh to the account of M/s Wit Edulink Private Limited, the co-accused, and out of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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