Anticipatory bail under PMLA granted where allegations rested on an uncorroborated statement and investigation showed no custodial need.

Anticipatory bail under the Prevention of Money-Laundering Act was granted where the applicant had cooperated with the investigation, had appeared before the Enforcement Directorate on several occasions, and had not been charge-sheeted in the scheduled offence. The prosecution material was confined to an uncorroborated contractor's statement alleging payment, with no independent corroboration, recovery, or additional incriminating material from any independent investigation. On that basis, the statutory conditions under Section 45 were treated as satisfied and custodial interrogation was found unnecessary.

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Issues: Whether the applicant was entitled to anticipatory bail in a prosecution under the Prevention of Money-Laundering Act, 2002, where the scheduled offence investigation had not resulted in a charge sheet against him and the allegation rested mainly on an uncorroborated statement of a contractor.

Analysis: The applicant had cooperated with the investigation, had appeared before the Enforcement Directorate on several occasions, and had not been charge-sheeted by the CBI in the predicate offence. The material against him was confined to the statement of one contractor alleging payment of Rs. 15 lakh, but that statement was not put to the applicant during his examination and no independent corroboration or recovery was shown. The Court noted that the Enforcement Directorate had not conducted an independent investigation yielding additional incriminating material. In these circumstances, the Court found that the statutory considerations under Section 45 of the Prevention of Money-Laundering Act, 2002 were satisfied and that custodial interrogation was not required.

Conclusion: Anticipatory bail was granted to the applicant.

Ratio Decidendi: Where the accused has cooperated with investigation, has not been charge-sheeted in the scheduled offence, and the prosecution lacks corroborated material beyond an untested allegation, anticipatory bail may be granted under the Prevention of Money-Laundering Act, 2002 despite the rigour of Section 45.

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