PMLA bail on prima facie assessment, with parity and progressed investigation supporting release subject to strict conditions

Bail under the Prevention of Money Laundering Act was granted after the Court held that, at the bail stage, only a prima facie assessment was required and a mini trial on the evidentiary value of Section 50 statements, digital chats and diary entries was impermissible. The Court treated the investigation as substantially progressed, noted that the complaint had already been filed, and considered the applicant's short custody period. Parity with co-accused already enlarged on bail was also treated as a relevant factor. On that basis, the twin conditions under Section 45 were held prima facie satisfied, and bail was allowed subject to stringent conditions.

---

---

Issues: Whether the applicant was entitled to bail under the Prevention of Money Laundering Act, 2002 in view of the twin conditions under Section 45, the nature of the material relied upon by the prosecution, the stage of investigation, and the parity claimed with co-accused.

Analysis: The prosecution case rested mainly on statements recorded under Section 50 of the Prevention of Money Laundering Act, 2002, digital chats, diary entries and inferential allegations suggesting a supervisory role in the alleged liquor-scam network. The Court held that at the bail stage it was not required to conduct a mini trial or undertake a detailed appraisal of evidentiary value, and that only a prima facie assessment was permissible. The Court also noted that the investigation had substantially progressed, the prosecution complaint had been filed, and the applicant had remained in custody only for a short period. Further, the Court treated parity with co-accused, including persons alleged to be similarly placed and already enlarged on bail, as a relevant consideration, and also noted the Supreme Court's direction that the matter be considered keeping prior bail orders in view.

Conclusion: The twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002 were held to be prima facie satisfied, and the applicant was held entitled to bail subject to stringent conditions.

---