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2025 (9) TMI 1729

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..... Akshay Bhardwaj with Mr. Ashutosh Ranga. ORDER 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Pukhraj S/o Shri Raghunatharam Vishnoi, Anil Kumar @ Sher Singh S/o Shri Gopal, Arun S/o Shri Sawarmal and Bhupendra S/o Shri Paburam, seeking bail in respect of a criminal case registered as ECIR No. JPZO/03/2023 dated 08.02.2023 for the offence under Sections 3 r/w Section 4 of Prevention of Money Laundering Act, 2002. (hereinafter referred as "PMLA") 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submit that there are no....

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....under Section 19 of PMLA Act but in the instant case, the grounds as mentioned are not sufficient to draw a conclusion for justification of arrest. They also submitted that the predicate offence for which these petitioners were charged are triable by Magistrate First Class and it is not likely to conclude the trial within reasonable time. 5. Learned counsel for the petitioner referred judgments in case of Anita Kumari @ Anita Meena Vs. Directorate of Enforcement (Petition for Special Leave to Appeal (Crl.) No.7726/2025., order dated 14.07.2025) and submitted that she was granted bail after dismissal of bail by this Hon'ble Court on 07.05.2025. He further referred judgment in case of Suresh Kumar Vs. Directorate of Enforcement : SLP (Crim....

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....Court can grant bail to any accused charged under the PMLA Act. He further submitted that the statement of Bhupendra Saran, Anil Kumar @ Sher Singh, Arun Sharma and Pukhraj were recorded under Section 50 of the PMLA Act by the ED and the Statement clearly indicate that these petitioners have accumulated wealth generated through proceeds of crime from predicate offence. He further referred list of cases against these petitioners indicating role and involvement of these petitioners on basis of statement and other material collected by E.D. He submitted that these petitioners are involved in cheating, using unfair means, paper leak etc. in public examination and on basis of search conducted by ED after collecting record of predicate offence, i....

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.... 12. Thereafter, another bail application of Anita Kumari @ Anita Meena Vs. Directorate of Enforcement (supra) was considered by a Co-ordinate Bench and same was dismissed on 07.05.2025 after considering judgment in case of V. Senthil Balaji Vs. Deputy Director, ED : (2024 SCC OnLine SC 2626) and Shashi Bala Vs. ED : SLP (Criminal) No.6260/2024 dated 15.01.2025. Anita Kumari @ Anita Meena was also granted bail by Hon'ble Supreme Court on 14.07.2025, who was in custody since 24.07.2024. 13. Having considered the entire material and also the judgments as referred and relied by both the parties, I am of considered view that it is necessary for this Court to consider twin conditions as mentioned under Section 45 of PMLA Act. These conditions....

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....m in Senior Teacher Second Grade Paper Examination. Two cases [predicate offence] were registered against him. He is in custody since 11.01.2024. 18. In case of Rajuram Vs. ED : SLP (Crl.) No.2914/2025, Hon'ble Supreme Court has dismissed bail appeal of Rajuram, while he was in custody since July, 2024. 19. The material on record clearly indicate that these petitioners are charged on basis of their active role in paper leak of public examinations which meant for recruitment for selection on public posts. It is also evident on record that in predicate offence, charge-sheet has been filed against all these petitioners though current status is not made available on record by learned counsels but looking to numbers of witnesses, the trial....