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TMI Blog2023 (11) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... (herein after referred to as MLM Scheme) towards product booking. One Somnath Panda had introduced the informant about the process of this business and also managed to induct him into this business. Accordingly with a hope to get benefit, the informant joined the business and also received online money receipt time to time, but has not received either the products or the product vouchers. It is also mentioned that as per his knowledge one Amiya Kumar Pani had started the business in Odisha and afterwards one Manmath Kumar Panda had sponsored one Srijukta Pitamber Raj of Balasore. After getting returns for three to four months the informant had made a top up of Rs. 40,000. Till this date the informant has made to join around twenty people in this business and has given a deposit of Rs. 5,00,000/-. 3. As per the Company Rules and Regulations so also online guidelines, after opening an account in ICICI Bank, the informant transferred money through cheques into Company account from his own account and after getting the Payment Verification Code no. through email, he made people to join the business online. Many people from far and near have made product bookings and are getting bonus. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngeance against the petitioner. As it reveals from the F.I.R. is that the entire story is concocted one and it has been lodged deliberately only to harass the petitioner. As such, the petitioner is entitled to be enlarged on bail. 8. There is no material to make out prima facie involvement of the petitioner in the alleged crime. The petitioner has no mens rea such as to constitute an offence, without ingredients being established, there is no offence made out against the petitioner. Therefore, the petitioner is entitled to be enlarged on bail. 9. As per the policy, the Company has been selling the Suit Length to the people at large for which, the purchaser was required to deposit necessary value of Suit Length in the Bank account maintained by the Company in ICICI bank by cheque and/or pay order. 10. Subject to deposit of the amounts, the Company had been issuing necessary purchase voucher on the basis of which, the Company had been delivering the product to the concerned purchaser. As per policy of the Company, if a Customer does not intend to take delivery of the product immediately, he is entitled to enter into a regular agreement with the Company draft of which is also publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the petitioner is entitled to be released on bail. 15. 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. 16. 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. Every aspect of the business model of the company was clearly revealed to its distributors keeping nothing ambiguous from the very inception of the business. Thus there being no misrepresentation from the end of company, the said impugned business transactions cannot be attributed to the petitioner on the basis of Section 120(B)/420 of IPC. It is also mentioned here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2002 ('PMLA') lays down conditions to be satisfied for the purpose of granting bail to an accused charged with the offence of money laundering. The following points are noteworthy in this regard: "The said section states that no person accused of an offence under the PMLA shall be released on bail unless: (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing: - that he is not guilty of such offence and - that he is not likely to commit any offence while on bail." 22. 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 anc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 26. 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. 27. With respect to the aforesaid discussion, this Court is inclined to grant bail to the petitioner with certain conditions. 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 with further conditions that: i. the Petitioner shall appear before the learned trial court on each date of posting of the case, ii he shall not indulge in any criminal offence while on bail and iii. he shall not tamper with the evidence of the prosecution witnes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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