Regular bail in a PMLA case allowed where custody was prolonged and the money recovery lacked credible linkage to the accused.

Regular bail under Section 439 CrPC in a PMLA prosecution was granted where the petitioner had remained in custody since 19.12.2016, the searched premises did not belong to him, he was not present at the time of recovery, and no cash was recovered at his instance. The court found that the link between the seized currency and the petitioner depended on statements requiring trial scrutiny, with no credible material showing ownership of the money or direct benefit to him. On that basis, the length of detention and absence of convincing evidence justified release on bail, subject to bond, surety and a travel restriction.

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Issues: Whether the petitioner was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution under the Prevention of Money Laundering Act, 2002.

Analysis: The petitioner had been in custody since 19.12.2016. The premises searched did not belong to him, he was not present at the time of recovery, and no other cash recovery was shown to have been made at his instance. The connection between the recovered currency and the petitioner rested on statements that required trial scrutiny, and there was no credible evidence on record to show ownership of the money or the petitioner's direct benefit from it. In these circumstances, the length of detention and the absence of convincing material justified release on bail.

Conclusion: The petitioner was held entitled to regular bail, subject to furnishing bond and surety and not leaving India without prior permission.

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