2020 (12) TMI 639 - ALLAHABAD HIGH COURT - PMLA

Head Note / Extract:
Grant of Bail - Bribe - allegation that applicant was found in the possession of moveable and immoveable assets - money laundering - HELD THAT:- Trial of the case in relation to disproportionate asset is also pending. In the meantime, on 23rd March, 2010, proceeding under the provisions of PML Act was also initiated by registering a case in the office of Enforcement Directorate as ECIR/02/PMLA/LZ0/2010 and notice was issued to the applicant, reply of which was given by the applicant along with the details of the friends and relatives, who allegedly gifted the applicant the cash or ornaments etc. Thereafter, notices were also issued to the said persons. Out of 31 members, 12 members appeared before the Enforcement Directorate and their statements were also recorded. It is also evident from the record that Ajay Raj Tripathi, who appeared on 13th March, 2014 before the authorities, categorically denied that any advance was given to the applicant. After investigation, evidence in relation to money laundering was also found against the applicant and the Proceed of Crime was found to be ₹ 1,38,63,445/-. Thereafter, provisional attachment order of property was passed on 30.09.2016, which was confirmed by the competent authority under Section 5 of the PML Act. After investigation, a complaint was filed on 31st March, 2017 before the Special Judge, which was registered as Complaint Case No. 8 of 2017 under Section 3/4 of PML Act. Summoning order was passed on 4th April, 2017, but since applicant failed to appear before the trial court, non-bailable warrant was issued on 17th March, 2018. There are no case for bail is made out at this stage - bail application dismissed.