PMLA bail granted on prima facie assessment where material did not show likely reoffending or justify continued detention.

At the PMLA bail stage, the Delhi HC applied the twin conditions on a prima facie, broad-probabilities basis rather than by meticulous evidence assessment. It held that the court must consider whether there are reasonable grounds to believe the accused is not guilty and whether release is likely to lead to reoffending, but need not record a positive finding of innocence. On the material, the alleged role was limited to assisting the main accused and handling or routing funds, while no material showed personal gain or a likelihood of repeating the offence. Bail was granted, with mens rea left for trial.

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Issues: Whether the petitioner was entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 read with Section 439 of the Code of Criminal Procedure, 1973 in view of the allegations of involvement in money laundering and the statutory restrictions on grant of bail.

Analysis: The complaint was examined on the basis of the material collected by the enforcement agency, but at the bail stage the Court was required to assess only a prima facie case and not undertake a meticulous evaluation of evidence. The governing approach under the PMLA twin conditions was treated as a broad-probabilities inquiry, with the Court being required to consider whether the accused was likely to be guilty and whether there was any material indicating a likelihood of repeating the offence if released. The Court noted that the alleged role rested substantially on assistance to the main accused, handling of transactions, and receipt or routing of funds, but also observed that the petitioner was young, there was no material showing personal gain, and the issue of mens rea required trial. It further found no material suggesting that the petitioner would commit a similar offence if enlarged on bail.

Conclusion: The petitioner was held entitled to bail.

Ratio Decidendi: At the stage of bail under the PMLA, the Court may grant bail on a prima facie assessment based on broad probabilities without recording a positive finding of non-guilt, and the statutory restrictions do not oust judicial discretion where the material does not justify continued pre-trial detention.

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