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TMI Blog2025 (3) TMI 685X X X X Extracts X X X X X X X X Extracts X X X X ..... f prima facie case established for granting bail, it cannot go into the question of credibility and reliability of witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during trial." It is not acceptable that the present applicant did not know about the transactions that the amount utilized by him not comes from Mahadev online book. Denial by the accused itself is not sufficient to consider prima facie that there is no mens rea of the applicant for the said offence under the PMLA-2002. Considering the nature of allegation against the present applicant and also the material collected during the investigation and further the gravity of the offence, the benefit of the judgments cited by the learned counsel for the applicant cannot be extended to him for releasing him on bail at this stage, as the facts and circumstances of the present case and the allegation against the applicant is different than the facts and circumstances of the cases cited by learned counsel for the applicant. Conclusion - Considering the role of the applicant in the ensuing money laundering case of proceeds of crime in the Mahadev Book App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022 (Final Report No. 157/2022) of P.S. Mohan Nagar, Durg as Scheduled/Predicate Offence, the respondent/ED registered the ECIR No. RPZO/9/2022, which was re-numbered as ECIR No. RPZO/10/2022 vide corrigendum dated 07.11.2022 issued by the ED. In the said ECIR, FIR No. 206/2023 dated 02.06.2023 registered at P.S. Cyber Crime Vishakhapatnam Commissionerate, Andhra Pradesh, FIR No. 37/2023 registered at P.S. Bhilai Bhatti, District Durg (C.G.), FIR No. 86/2023 dated 27.02.2023 registered at P.S. Chhawani, District Durg (C.G.), FIR No. 336/2023 dated 10.08.2023 registered at P.S. Gudhiyari, District Raipur (C.G.), FIR No. 685/2023 dated 11.08.2023 registered at P.S. Khamtarai, District Raipur (C.G.), FIR No. 6/2024 dated 04.03.2024 registered at EOW, Raipur (C.G.) and FIR No. 206/2020 dated 24.09.2020 registered at P.S. Burtola, Kolkata, West Bengal, have been included in the said ECIR. On 20.10.2023, the ED filed its first prosecution complaint against 14 accused persons, alleging that the online gambling app in the name of Mahadev Online Book is established for illegal betting in different live games like; poker, card games, chance games, betting on cricket, badminton, tennis, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res per month through the panel operations. It also came in the investigation that Sourabh Chandrakar and Ravi Uppal in the entire investigation to be the kingpin of the betting empire and indulge in money laundering with their associates. In the investigation, it also come that the said panel operations was running with active support and connivance of local police and politicians and after receiving illegal gratification, they supported the said illegal betting racket by closing their eyes. It also come that one ASI Chandrabhushan Verma who acted as Liaisoner for the Mahadev online book promoters with political executives of the Chhattisgarh State, who negotiated between them. He was collecting Hawala payments made available by the promoters of Mahadev book and distributing the same to the bureaucrats/politicians for ensuring smooth operations of the illegal betting websites. The funds have moved in and out of India to Dubai through various channels. Involvement of a number of persons were found during the investigation including the persons who engaged in layering the proceeds of crime. During the investigation, the ED came to know that the present applicant is engaged in handl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ED. The source of such a huge amount has also not been investigated by the ED. There is no connection with the other accused person either physically or telephonically. The applicant is in jail since 03.11.2023 and till date there is no information about the trial as to when it will commence. There are number of witnesses cited by the prosecution in the prosecution complaint, which may take years together to be examined. Till date, even the charges have not been framed against the applicant and although the prosecution complaint has been filed against the present applicant, but the investigation is still continued. He would also submit that the Hon'ble Supreme Court has deprecated the pre-trial detention and speedy trial is the fundamental right of the accused guaranteed under Article 21 of the Constitution of India. He would rely upon the judgment passed by Hon'ble Supreme Court in the matter of "Prem Prakash v. Union of India, through the Directorate of Enforcement" 2024 (9) SCC 787 and "Tapas Kumar Palit v. State of Chhattisgarh" 2025 SCC Online SC 322 and has submitted that considering the facts and circumstances of the case, allegation against the present applicant and als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld also submit that observing the economic offence is committed with deliberate design, with an eye on personal profit, regardless to the consequence to the community, which will damage to the national economy and national interest, and therefore the applicant is not entitled for bail and his bail application is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material placed in the present case by both the parties. 6. For consideration of the bail application under PMLA, 2002 the Court need not go deep inside the merits of the case but should consider the prima facie material against the accused in the case. The Hon'ble Supreme Court in the matter of Vijay Madanlal Choudhary case (supra) has observed in para 401 of its judgment that:- "401. We are in agreement with the observation made by the Court in Ranjitsing Brahmajeetsing Sharma [(2005) 5 SCC 294). The Court while dealing with the application for grant of bail need not delve deep into the merits of the case and only a view of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the accused which is, of course, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding is also required to be recorded as to the possibility of the bail applicant committing a crime after grant of bail. This aspect has to be considered having regard to the antecedents of the accused, his propensities and the nature and manner in which he is alleged to have committed the offence." 9. In the matter of "State of Bihar v. Amit Kumar" 2017 (13) SCC 751, the Hon'ble Supreme Court has held that: "11... Although "bail is the rule and jail is an exception" is well established in our jurisprudence, we have to measure competing forces present in facts and circumstances of each case before enlarging a person on bail. 13...It is well settled that socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. Usually socioeconomic offence has deep-rooted conspiracies affecting the moral fibre of the society and causing irreparable harm, needs to be considered seriously. 14. Further, we cannot lose sight of the fact that the investigating agency is going to file additional chargesheet. Therefore, the respondent's presence in the custody may be necessary for further investigation." 10. In the present c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. 13. Hon'ble Supreme Court in the matter of Vijay Madanlal Choudhary (supra) has observed in para 398 as under :- "398. Thus, it is well settled by the various decisions of this Court and policy of the State as also the view of international community that the offence of money-laundering is committed by an individual with a deliberate design with the motive to enhance his gains, disregarding the interests of nation and society as a whole and which by no stretch of imagination can be termed as offence of trivial nature. Thus, it is in the interest of the State that law enforcement agencies should be provided with a proportionate effective mechanism so as to deal with these types of offences as the wealth of the nation is to be safeguarded from these dreaded criminals. As discussed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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