Regular bail in PMLA matters may follow ordinary bail factors when Section 45 twin conditions are not operative.

Regular bail under Section 439 CrPC was considered in a PMLA prosecution on ordinary bail principles because the twin conditions under Section 45 were treated as inapplicable. The Court assessed the length of custody, completion of investigation, the largely documentary nature of the material, and the fact that seized documents and digital devices were already with the prosecuting agency. Finding no material suggesting tampering with evidence, influencing witnesses, or flight risk, it concluded that bail could be granted subject to conditions.

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Issues: Whether the petitioner, accused in proceedings under the Prevention of Money-Laundering Act, 2002, was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, in the absence of the twin conditions under Section 45 of the Prevention of Money-Laundering Act, 2002.

Analysis: The petition was considered on settled bail principles, namely the nature of accusation, severity of the alleged offence, possibility of absconding, and the likelihood of tampering with evidence or influencing witnesses. The Court noted that the petitioner had been in custody since 27.10.2020, the investigation against him was stated to be complete, the material relied upon was largely documentary, and the seized documents and digital devices were already in the custody of the prosecuting agency. It also found no material showing any attempt by the petitioner to influence witnesses or interfere with the evidence, and no basis to treat him as a flight risk. The Court further proceeded on the basis that the twin conditions under Section 45 of the Prevention of Money-Laundering Act, 2002 were not operative.

Conclusion: The petitioner was held entitled to be released on regular bail subject to conditions, and the bail application was allowed.

Final Conclusion: The decision grants the petitioner liberty on bail while leaving the merits of the money-laundering allegations untouched.

Ratio Decidendi: Where the statutory twin conditions for bail are not operative, regular bail under Section 439 of the Code of Criminal Procedure, 1973 is to be decided on ordinary bail factors such as custody period, likelihood of absconding, and risk of tampering with evidence or witnesses.

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