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2024 (3) TMI 597 - HC - Money LaunderingGrant of anticipatory bail - Money Laundering - siphoning off of funds - sale of the properties belonging to Kalpataru Grih Nirman Society, in which, FIR has been registered against Dilip Sisodia for defrauding the society by diverting Rs. 4.89 Crores in his own personal account - HELD THAT:- Section 3 of the PMLA Act says that whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering. Therefore, the allegation in the ECIR against the applicant that he was involved in the process or activity connected with the proceed for crime and its concealment. Therefore, even if, as on today, he is not an accused in the FIR will not be a ground for anticipatory bail in view of rigor of Section 45 of the PMLA Act. At this stage, this Court cannot held that the applicant is not guilty of the offence under the PMLA Act. In the case of Y.S. Jagan Mohan Reddy [2013 (5) TMI 896 - SUPREME COURT] the apex Court has held While granting bail, the court has to keep in mind the nature of accusations, 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. Even otherwise, the warrant has been issued by the Court but the present applicant is not appearing before the Court, therefore, he is not entitled for anticipatory bail. The applicant may surrender and apply for regular bail - Application dismissed.
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