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2023 (4) TMI 410 - ALLAHABAD HIGH COURTSeeking grant of bail - Money Laundering - proceeds of crime - twin conditions under Section 45 (1) of the Prevention of Money Laundering Act, 2002, satisfied or not - HELD THAT:- The bail application of the applicant has to be decided keeping in view the provisions contained in Section 45 (1) of the PMLA, including proviso appended thereto - the instant case has been lodged primarily with the allegation that the named co-accused Yadav Singh had committed corrupt practices while awarding certain engineering works, regarding which agreement bonds for Rs. 954.38 Crores were executed. The applicant happens to be the wife to Yadav Singh. She is a director of M/s Kusum Garments, in whose account Rs. 50,00,000/- were deposited. The amount deposited is claimed to have been given to M/s Kusum Garments by way of loan and it is the case of the Enforcement Directorate, that the amount has been transferred by layering so that it could not be detected and in fact it was a part of the proceeds of crime committed by the co-accused Yadav Singh. The applicant is a woman and one of her kidneys has been removed and she is surviving with one kidney and she is suffering from anxiety, depression and panic attacks. The Proviso appended to Section 45 (1) of PMLA provides that a woman or a sick or infirm person may be released on bail. The amount deposited in the account of M/s Kusum Garments is Rs.50,00,000/- and the Proviso also provides that a person who is accused of money-laundering a sum of less than one crore rupees, may be granted bail - The principal co-accused Yadav Singh has already been granted bail. Sri Mohan Lal Rathi, who had deposited the amount in the account of Kusum Garments, and who has stated in his statement recorded by the Enforcement Directorate, that he had given this amount to Kusum Garments as loan, has not been made accused in the present case. Sri Mohan Lal Rathi had received the amount from co-accused Pradeep Garg and Pradeep Garg has also been granted bail. Other co-accused person Pankaj Jain and Vinod Kumar Goel have also been granted bail. It is only the applicant who is in jail in connection with the present case. Bail application allowed.
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