Prima facie satisfaction under Section 45 PMLA may warrant bail where allegations are inferential and risks are mitigable by conditions.

Application for regular bail under Section 45 PMLA was considered on the twin conditions of prima facie belief in non-guilt and non-risk of reoffending; the court examined investigation status, inferential or statement-based allegations, absence of specific particularised tampering risk, duration of custody and parity with co-accused. Applying the statutory framework, the court concluded prima facie satisfaction of the twin conditions and granted bail subject to stringent conditions (passport surrender, regular appearance, no witness contact, no evidence tampering) to be imposed by the trial court.

---

---

Issues: Whether the applicant is entitled to regular bail under Section 45 of the Prevention of Money Laundering Act, 2002, having regard to the twin conditions prescribed therein and the principle of parity with co-accused.

Analysis: The Court examined the material on record at the prima facie stage, including prosecution complaints, statements recorded under Section 50 PMLA, digital chats and supplementary chargesheets, while noting that detailed appreciation of evidence is reserved for trial. The Court considered (i) the status of the investigation and the fact that prosecution complaints have been filed, (ii) duration and cumulative effect of multiple arrests and prior bail orders, (iii) the nature and evidentiary basis of allegations against the applicant (largely statements and inferential material), (iv) the prosecution's apprehension of tampering which was not substantiated by particulars, and (v) parity with several co-accused who had been enlarged on bail and related Supreme Court directions to the High Court to consider parity. The Court applied the statutory framework of Section 45 PMLA requiring prima facie satisfaction of (a) reasonable grounds to believe the accused is not guilty and (b) that the accused is not likely to commit an offence while on bail, and evaluated whether appropriate bail conditions could mitigate perceived risks.

Conclusion: The Court concluded that, on prima facie consideration, the twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002 are satisfied and that the applicant is entitled to be released on bail. The bail is therefore allowed subject to stringent conditions to be fixed by the Trial Court, including surrender of passport, regular appearance, prohibition on contacting witnesses, and non-tampering with evidence. This conclusion is in favour of the petitioner.

Ratio Decidendi: At the bail stage under the Prevention of Money Laundering Act, 2002, where investigation is substantially complete, allegations are primarily inferential or statement-based, and risks of tampering or absconding can be adequately mitigated by stringent conditions, a court may prima facie satisfy the twin conditions of Section 45 and grant bail, particularly where parity with similarly placed co-accused and prior judicial orders favour release.

---