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2022 (12) TMI 1374 - HC - Money LaunderingMoney Laundering/criminal conspiracy - proceeds of crime - it is alleged that the accused-applicant is a part of larger conspiracy hatched by K.A. Rauf Sherif, Secretary of PFI to visit Hathras with an intention to disturb communal harmony, instigating riots and spreading terror and to fund anti-CAA protest and for other unlawful activities of PFI - conditions under Section 45 of the PMLA fulfilled - HELD THAT:- Except for allegations that Rs. 5,000/- was transferred in the bank account of co-accused, Atikur Rahman, there is no other transaction, either in the bank account of the accused-applicant or in the bank account of co-accused. Even if it is believed that part of proceeds of crime was transferred in the bank account of co-accused, Atikur Rahman that itself may not be sufficient to prove that the accused-applicant has dealt with the proceeds of crime amounting to Rs. 1,36,14,291/-which had been allegedly received by K.A. Rauf Sherif. Considering the facts, coupled with the contention on behalf of the accused-applicant that in the present case the twin conditions, as mentioned under Section 45 of the PMLA, are not attracted inasmuch as the proceeds of crime is less than Rs.1 Crore and there is no likelihood of the accused-applicant to commit the same offence in future, and the fact the accused-applicant has already been in prison in predicate offences from 05.10.2020 till he was enlarged on bail by the Supreme Court, and thereafter he is in custody of the ED, the accused-applicant is entitled to be released on bail. Let applicant- Sidhique Kappan, accused of mentioned FIR/crime number, be released on bail on his furnishing a personal bond and two local and reliable sureties each in the like amount to the satisfaction of the Court/Magitrate concerned with the following conditions, which are imposed in the interest of justice - Application allowed.
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