Heard learned counsel for the applicant, learned AGA for the State as well as Sri Shiv P Shukla, learned counsel for Union of India and perused the record.
The contention of the learned counsel for the applicant is that the name of the applicant has surfaced in the statement of Vikram Dixit @ Vinny Sodhi who has stated that he has given Rs. 40,000/- to the applicant by cheque bearing no. 11493 as a loan. It has been treated as proceeds of the crime by opposite party (investigating agency) and as such the applicant is being falsely implicated. The said Rs. 40,000/- has already attached and confirmed in form of FDR by the adjudicating authority. Even, as per the statement of Vikram Dixit @ Vinny Sodhi, no offence under PMLA is made out against the applicant. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as Sri Shiv P Shukla, learned counsel for Union of India have opposed the prayer for bail and submits that while imposing the conditions of bail, the passport, if any, of the applicant may be directed to be deposited before the trial court.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Ramji Shukla involved in Complaint Case No. 15 of 2019, ECIR/15/PMLA/LKZO/2010 under Sections 3 and 4 of PMLA, 2002 Police Station- Enforcement Directorate be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall deposit his passport, if any, before the learned trial court.
(ii) The applicant will not tamper with the evidence during the trial.
(iii) The applicant will not pressurize/ intimidate the prosecution witness.
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 26.7.2019 Vikram/-