PMLA bail under Section 45: case-specific assessment of custody, risk factors, and investigation material justified release on conditions.

In a PMLA bail matter, the HC assessed the investigation record, the disputed factual matrix, the custody period, the stage of investigation, and the petitioner's bail status in the scheduled-offence case, and found regular bail justified on the facts. Applying the statutory rigour of Section 45 and the Supreme Court's bail framework, the Court held that the materials disclosed reasonable grounds for release, with no apparent flight risk, and that bail conditions could protect the investigation and evidence. Regular bail was granted subject to conditions including bail bond, passport deposit, travel restraint, availability for interrogation, and no tampering with witnesses or evidence.

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Issues: (i) Whether the petitioner was entitled to regular bail in a prosecution under the Prevention of Money Laundering Act, 2002 in view of the materials collected during investigation. (ii) Whether the statutory rigour of the bail conditions under the Prevention of Money Laundering Act, 2002 stood satisfied on the facts of the case.

Issue (i): Whether the petitioner was entitled to regular bail in a prosecution under the Prevention of Money Laundering Act, 2002 in view of the materials collected during investigation.

Analysis: The Court examined the report and charge-sheet and noted that the investigation itself reflected a disputed factual matrix concerning the alleged trap, the role of the complainant, and the petitioner's alleged involvement. The Court also considered the period of custody, the stage of investigation, and the fact that the petitioner had already been granted bail in the scheduled-offence case. On that factual assessment, the Court found the petitioner fit for release on bail for the limited purpose of the bail proceeding.

Conclusion: The petitioner was held entitled to regular bail.

Issue (ii): Whether the statutory rigour of the bail conditions under the Prevention of Money Laundering Act, 2002 stood satisfied on the facts of the case.

Analysis: The Court applied the mandatory bail framework under Section 45 of the Prevention of Money Laundering Act, 2002, as explained by the Supreme Court, and considered the requirement of reasonable grounds, the gravity of the allegations, the custody already undergone, and the absence of a perceived flight risk. The Court was satisfied that the material on record justified exercise of discretion in favour of bail, with conditions to secure the petitioner's presence and prevent interference with the investigation or evidence.

Conclusion: The statutory conditions were treated as sufficiently met for grant of regular bail.

Final Conclusion: Regular bail was granted subject to conditions including furnishing of bail bond, deposit of passport, restriction on leaving the country without permission, availability for interrogation, and no tampering with evidence or influencing witnesses.

Ratio Decidendi: In a bail application under the Prevention of Money Laundering Act, 2002, the Court may grant bail on a case-specific assessment of the available material, custody, and risk factors, while applying the statutory conditions under Section 45 and without conducting a mini-trial on the merits.

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