TMI Blog2020 (12) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... shing personal bond of ₹ 10 lakh and two sureties each of the said amount to the court concerned subject to conditions imposed. Application allowed. - BAIL No. - 1879 of 2020 - - - Dated:- 13-10-2020 - Hon'ble Rajeev Singh , J. For the Applicant : Sushil Kumar Misra,Anil Kumar Tripathi For the Opposite Party : A.S.G.,Shiv P. Shukla ORDER Heard, learned counsel for the applicant, learned Special Counsel for the Enforcement Directorate and perused the record. The present bail application has been filed by the applicant in Case Crime No. 15 of 2019, under Section 3/4 Prevention of Money Laundering Act, 2002 Police Station Enforcement Directorate, Lucknow, District Lucknow with the prayer to enlarge hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Branch, Kanpur and other unknown persons under the provisions of PML Act, 2002 on the basis of charge sheet in F.I.R. No. RC 006/2007/A0008 dated 31.03.2007 (supra). Learned counsel for the applicant submits that during the course of inquiry/investigation conducted by the Enforcement Directorate under PML Act, the applicant participated and he was not arrested as per the provisions of Section 19 of PML Act. He further submits that on 30.03.2018, Complaint Case No.15/2019 was filed by the Assistant Director, Directorate of Enforcement against 12 persons including the applicant. In the complaint, it is alleged that the applicant was holding the post of Senior Manager (Credit) for the period from 14.11.2005 to 07.11.2006, but this is inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Dr. Shivinder Mohan Singh Vs. Directorate of Enforcement in Bail Application No. 1353 of 2020 and Rohit Tandon Vs. Directorate of Enforcement in Bail Application No.350 of 2018, Upendrra Rai vs. Directorate of Enforcement in Bail Application No.249 of 2019, Aditya Kumar Bhandari Vs. Serious Fraud Investigation Office in Bail Application No.639 of 2020. He has further relied on the decision of Madhya Pradesh High Court in the case of Dr. Vinod Bhandari Vs. Directorate of Enforcement in Misc. Criminal Case No.34201 of 2018. Learned counsel for the applicant has also relied on the decision of Allahabad High Court in the case of Vinod Kumar Goel vs. Union of India in Bail Application No. 7566 of 2018, Radhey Shyam Dubey Vs. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r bail. He also submits that one of the co-accused Ramji Shukla has been granted bail by this Court in Bail Application No. 4700 of 2019 vide order dated 26.07.2019. Shri Shiv P. Shukla, learned counsel for the Directorate of Enforcement opposes the prayer for bail and submits that involvement of the applicant was found during the course of investigation in the schedule offences and charge sheet was filed. He further submits that total proceeds of crime is 1 crore 17 lakh and due to such act of the applicant and other Bank officials, his entire community is aggrieved as he is an economic offender who ruined the economy of the State. He has also relied on the decision of the Hon'ble Supreme Court in the case of Yogendra Kumar Jaiswal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of forged documents and charge sheet was filed in the year, 2010 and it reveals that during the course of investigation conducted by the CBI, the applicant was not taken into custody and charge sheet was filed by the CBI. Then, the applicant was enlarged on bail in the schedule offences in August, 2010 and thereafter ECIR was registered by the Directorate of Enforcement on 26.08.2010 and conducted the investigation under Section 50 of PML Act upto the year of 2018. The authorities of the Directorate of Enforcement was not in favour of arresting the applicant under Section 19 of the PML Act, 2002 and, therefore, complaint was filed on 30.03.2018. Bail application of the applicant was rejected, as it is evident that the applicant neve ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
