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2023 (11) TMI 903 - ORISSA HIGH COURTMoney Laundering - seeking grant of bail - bogus product bookings - conditions specified under Section 45 of the Prevention of Money Laundering Act, 2002 satisfied or not - HELD THAT:- In the present case, it is pertinent to mention here that the trial of both CBI case and ECIR lodged by Enforcement Directorate have been clubbed. Since charge sheet has already been submitted and documents have already been seized, there is no chance of tampering evidence. The petitioner was cooperative during investigation and never misused his liberty of not being arrested during investigation. It is also mentioned here that the petitioner is a permanent resident of his locality, having his family members and ancestral property. Therefore, there is no scope for his absconding, if enlarged on bail. The petitioner is a blind person. This fact has been recorded by the Supreme Court while granting bail. Thus, the petitioner is entitled to bail under Section 45 of the PMLA Act. It is well settled that the court is only required to look at the prima facie case and is not required to look into the test of guilt. It is required to maintain a delicate balance between the judgment of acquittal and conviction and an order granting bail before commencement of trial - In the present case, the entire transaction of the company is on website and the mode of payment is also by Bank. None of the customers were claiming any default by the company prior to freezing of the account of the company by Bank. Therefore, there is absolutely no material against the petitioner. As such, the petitioner who has no role in the alleged crime is entitled to be released on bail. This Court is inclined to grant bail to the petitioner with conditions imposed - Accordingly, it is directed that the court in seisin over the matter shall release the Petitioner on bail in the aforesaid case on stringent terms and conditions imposed - application disposed off.
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