TaxTMI 
TaxTMI 
2020 (6) TMI 421
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....ntion of Money Laundering Act, 2002, District Lucknow, with the prayer to enlarge him on bail. The submissions of learned counsel for the applicant is that the applicant is an innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 07.01.2020. It is further submitted on behalf of the applicant that no offence is made out under the Prevention of Money Laundering Act, 2002 (hereinafter referred as "The Act") and merely on the basis of assumption, the complaint has been filed. He further submitted that the schedule offence was registered as F.I.R. No. RC-21-A of 2007, under Sections 120B, 419, 420, 467, 471, 472 I.P.C. and Section 13(2) r/w 13(1)(d) of Prevention of Corruption A....
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....e PMLA, Lucknow and cognizance was taken on 29.11.2018 and summons were issued. The learned trial court granted time to the applicant for his appearance on some occasions and he appeared before the trial court. Learned counsel for the applicant further submitted that in para No.4.5 of the complaint, it is alleged that applicant accepted that he has received almost Rs. 19 Lac (nineteen lakhs) from Pratap Kumar Nayak through various sources and he used this money to repay his old debts and in some unexplainable matter like upon his girlfriend namely Preeti Sahu of Nawabganj. He further submitted that no any material has been placed on record by the Enforcement Directorate in support of the averments made in the complaint against the applican....
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....nt of the applicant was found and in total proceed of crime i.e. Rs. 1,59,91,156/-, share of applicant was of Rs. 19 Lakhs and further submitted that in the complaint, in Para No.4.5 onwards, role of applicant is mentioned, therefore, he is not entitled for bail and further submitted that the burden of proof lies on the applicant to prove his innocence and that during trial, all the witnesses and material will be placed before the trial court, but he conceded the fact that during the course of investigation, the applicant was not arrested as he co-operated in the investigation of CBI. Later on, ECIR was registered on 31.03.2010 by the Enforcement Directorate on the basis of schedule/predicate offence and it is undisputed that his statement ....
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....other accused persons, the complaint has been filed as no any statement of witness in support of the case as mentioned in para 4.5 etc. is annexed to the complaint and it was informed by the counsel for the Directorate of Enforcement that all the witnesses will be called and examined before the trial court as the applicant is in jail since 07.01.2020 and the maximum punishment provided for the offence under Section 4 of The Act is seven years, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Let applicant Vinod Kumar Mishra be released on bail in the aforesaid Case Crime on his furnishing personal bond amounting to Rs. 3,00,000/- (three lakhs) and t....