TMI Blog2020 (6) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... the Enforcement Directorate registered the ECIR on 31.03.2010 and started investigation, but the applicant was not taken into custody under Section 19 of The Act and no Provisional Attachment Order under Section 5 of The Act was issued by the Enforcement Directorate in relation to the property related to the proceed of crime, his statement under Section 50 of The Act was recorded on different occasions and after eight years from the date of registering of ECIR, the complaint under Section 45 of The Act was filed on 28.09.2018 before the Sessions Judge/Special Judge PMLA, Lucknow, but merely on the basis of statement of the applicant and other accused persons, the complaint has been filed as no any statement of witness in support of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 07.01.2020. It is further submitted on behalf of the applicant that no offence is made out under the Prevention of Money Laundering Act, 2002 (hereinafter referred as The Act ) and merely on the basis of assumption, the complaint has been filed. He further submitted that the schedule offence was registered as F.I.R. No. RC-21-A of 2007, under Sections 120B, 419, 420, 467, 471, 472 I.P.C. and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 by CBI/ACB, Lucknow on 30.11.2007. Learned counsel for the applicant further submitted that the applicant co-operated in the aforesaid investigation and charge sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and he appeared before the trial court. Learned counsel for the applicant further submitted that in para No.4.5 of the complaint, it is alleged that applicant accepted that he has received almost ₹ 19 Lac (nineteen lakhs) from Pratap Kumar Nayak through various sources and he used this money to repay his old debts and in some unexplainable matter like upon his girlfriend namely Preeti Sahu of Nawabganj. He further submitted that no any material has been placed on record by the Enforcement Directorate in support of the averments made in the complaint against the applicant and the alleged crime levelled against the applicant is totally false and baseless. He further submitted that no any Provisional Attachment Order under Section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted that in the complaint, in Para No.4.5 onwards, role of applicant is mentioned, therefore, he is not entitled for bail and further submitted that the burden of proof lies on the applicant to prove his innocence and that during trial, all the witnesses and material will be placed before the trial court, but he conceded the fact that during the course of investigation, the applicant was not arrested as he co-operated in the investigation of CBI. Later on, ECIR was registered on 31.03.2010 by the Enforcement Directorate on the basis of schedule/predicate offence and it is undisputed that his statement was recorded under Section 50 of The Act and neither he was arrested nor Provisional Attachment Order was issued. Thereafter, complaint wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is annexed to the complaint and it was informed by the counsel for the Directorate of Enforcement that all the witnesses will be called and examined before the trial court as the applicant is in jail since 07.01.2020 and the maximum punishment provided for the offence under Section 4 of The Act is seven years, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant Vinod Kumar Mishra be released on bail in the aforesaid Case Crime on his furnishing personal bond amounting to ₹ 3,00,000/- (three lakhs) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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