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2024 (12) TMI 1530

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....he Information Technology Act, 2000, Police Station Surajpur, Noida, District Gautam Budh Nagar, Uttar Pradesh on 19.04.2023 against the applicant Mohammad Kashif alleging therein that an information was received that the accused was involved in extortion of money from people for getting their works done from Government Department by impersonating himself as a close associate of Ministers of Government of India. Inputs were generated from surveillance regarding national security and suspicious activities were noticed with respect to him since the last two (02) years. Mohammad Kashif extorted money by impersonating himself as a person close to Prime Minister and other Ministers of Government of India by unauthorizedly posting morphed/edited ....

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....DFC Bank Account No. 59108826546786, in bank account in the name of his firm M/s Advice Allys's having number 50200051263638, in the account of his company M/s Allyy Techsoft Private Limited and in the bank account of his friend Tanu. The offences under Sections 419, 420, 467 and 471 of Indian Penal Code, 1860 are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the Prevention of Money Laundering Act, 2002 (PMLA). Thus the money collected by the accused due to his criminal activities related to the schedule offences are Proceeds Of Crime as per Section 2(1) (u) of PMLA, 2002. A prima facie case of money laundering under Section 3 of Prevention of Money Laundering Act, 2002 punishable under Section 4 o....

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....f justice that this Hon'ble Court may kindly be pleased to grant the bail to the Applicant in Sessions Case No. 2576/2023 ECIR No. ECIR/STF/03/2023 U/S: 3/4 PMLA, 2002, PS: Enforcement Directorate New Delhi, in the interest of justice, on any condition which this court may deem fit and proper on the facts and circumstances of the case. And the Hon'ble Court may further be pleased to pass such other and/or further order as may be deemed necessary under the facts and circumstances of the case." 4. Heard Sri Purnendu Chakravarty and Sri Pratik Kumar who are present in the Court and Sri Raghuvansh Misra, who is appearing through Video Conferencing, learned counsels for the applicant, Sri Kuldeep Srivastava who is also present in Cou....

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....t at Ghaziabad. (vi) A seizure was done on 19.04.2023 of premises identified as Flat No. 1503, Block-M, Great Value Sharnam Apartment, Sector-107, Noida, Gautam Budh Nagar, Uttar Pradesh but no one responded from the said house and thus information from the security guard was gathered along with information from persons nearby and the team returned back. (vii) A search was then against conducted on 28.04.2023 of the said premises and cash, documents, impressions of rubber stamp and note counting machine were recovered which were taken into possession and a seizure memo dated 28.04.2023 was prepared, the said seizure memo has been placed which is annexure no. 5 to the affidavit of the bail application. (viii) Amit ....

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.... is in jail since 25.05.2023 and he be ordered to be released on bail. 7. Per contra, learned counsel for the Enforcement Directorate/Opposite Party vehemently opposed the prayer for bail and submitted as under: (i) The applicant is actively involved in suspicious activities and impersonating himself as a person close to the Prime Minister of India and other Ministers of Government of India. (ii) The applicant has posted morphed and edited photographs of himself along with the Prime Minister of India and other Ministers of Government of India on his social media account to give an impression that he is close to them so that he may easily extort money from persons by impersonating himself as close to the said persons. ....