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2023 (5) TMI 816 - ALLAHABAD HIGH COURTSeeking grant of bail - Money Laundering - cheating and misappropriation of money by making false promises and forging documents - HELD THAT:- In Rohit Tondan [2017 (11) TMI 779 - SUPREME COURT], the Hon'ble Supreme Court has held that The Court is not required to record a positive finding that the accused had not committed an offence under the Act. The Court ought to maintain a delicate balance between a subsequent judgment of acquittal and conviction and an order granting bail much before commencement of trial. The duty of the Court at this stage is not to weigh the evidence meticulously but to arrive at a finding on the basis of broad probabilities. Further, the Court is required to record a finding as to the possibility of the accused committing a crime which is an offence under the Act after grant of bail. The only allegation against the applicant is of having transferred the company and there is no allegation against the applicant of having acquired any company or any other property. Even while the applicant was a director in the company, there is no allegation that he was having the authority to make financial transactions and that he in fact did make any transaction which may amount to commission of any offence. What prima facie appears from the allegation levelled in the complaint is that there is absolutely no allegation of commission of any of act which may amount to commission of any offence and he has been charged with the alleged offences merely for the reason that he held the position of director in the company. From the material placed before the Court at this stage, apart from being a director of the company which had been sold away to the persons accused of launching a Bike Bot scheme, there appears to be no allegation that the applicant has actually committed any such act, as would attract the offence described in Section 3 of the Prevention of Money Laundering Act. As the applicant has no previous criminal history, apart from the predicate offences, there appears to be no likelihood that the applicant would again indulge in commission of similar offence in case he is released on bail and no material has been plato theced in the counter affidavit to give rise to a reasonable apprehension to this effect. The applicant is languishing in jail since 20.12.2020 and he has already been granted bail in the predicate offence as also in case Case Crime No. 558/2021, under Section 2 & 3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, in which the applicant has been implicated after his arrest in the present case. Applicant is released on bail subject to conditions imposed - Application allowed.
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