Himachal Pradesh High Court
Decided On : 08.11.2024 vs Directorate Of Enforcement (Ed) on 8 November, 2024
Author: Virender Singh
Bench: Virender Singh
1 2024:HHC:10908
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP(M) No. : 2456 of 2024
Decided on : 08.11.2024
Arvind Rajta ...Applicant
Versus
Directorate of Enforcement (ED) ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. Anubhav Chopra, Advocate.
For the respondent : Mr. Balram Sharma, Deputy
Solicitor General of India, with Mr.
Ajeet Singh Saklani, standing
counsel, assisted by Mr. Sunil
Kumar, Enforcement Officer,
Directorate of Enforcement, Shimla.
Virender Singh, Judge. (Oral)
By way of the present application, filed, under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (hereinafter referred to as the 'BNSS'), a prayer has
been made to release applicant-Arvind Rajta, on interim
bail, in case No. ECIR/SHSZO/04/2019 dated 22 nd July,
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2024:HHC:10908
2019, registered with the Enforcement Directorate Office
(ED), Sub-Zonal Office, Rani Villa, Bagrian House,
Strawberry Hills, Chhota Shimla, Shimla, Himachal
Pradesh, on the ground that he has suffered huge loss in
the horticulture produce for want of proper care of apple
trees.
2. According to the applicant, there is no one in
the family for the post crop harvesting maintenance of
apple trees.
3. It is his further case that his wife, who is a
housewife, is unable to settle the accounts with the
commission agents and the other persons, in the market,
to whom, the horticulture produce was sent for further
sale.
4. Earlier, the applicant had filed CrMP (M) No.
2444 of 2023 for grant of regular bail, before this Court,
however, the same was dismissed, by this Court, vide order
dated 12th January, 2024.
5. Thereafter, vide order dated 8th April, 2024,
passed in CrMP (M) No. 658 of 2024, six days' interim bail,
3 2024:HHC:10908
with effect from 15th to 20th April, 2024, was granted to the
applicant.
6. On the basis of above facts, a prayer has been
made to allow the present application.
7. In the status report, filed by the respondent, the
grounds, upon which, the case has been registered, have
been reiterated by pleading that the applicant was
arrested, under Section 19 (1) of the Prevention of Money
Laundering Act, 2002 (hereinafter referred to as 'PMLA'),
after following due procedure, established under law.
8. According to the respondent, Prosecution
Complaint, under Section 44 read with Section 45 of the
PMLA, has been filed on 21st October, 2023, against the
applicant and other co-accused, before the learned Special
Court (PMLA) and the said Court has taken the cognizance
of the offence, vide order, dated 23rd February, 2024.
9. It is the stand of the respondent that the
applicant is involved in the offence of money laundering
and has been found to be actively involved in the criminal
activities, related to the scheduled offence, which resulted
4 2024:HHC:10908
into the generation and further laundering of the proceeds
of crime.
10. According to the respondent, in case, the
applicant is ordered to be released on bail, there is
reasonable apprehension that he may influence the
witnesses.
11. It has also been mentioned in the reply/status
report that considering the direct involvement of the
applicant, in the commission of the offence of money
laundering, there is strong likelihood that he may tamper
with the documentary evidence and influence the vital
witnesses and suspects, which may hamper the
investigation.
12. On the basis of above facts, a prayer has been
made to dismiss the application.
13. It is not in dispute that except the wife of the
applicant, there is no one in the family of the applicant for
the post crop harvesting maintenance of apple trees and to
settle the accounts with the commission agents, pertaining
to the horticulture produce.
5 2024:HHC:10908
14. It would not be out of place to record herein
that the applicant was ordered to be released on interim
bail, on previous occasion also, which liberty has not been
misused by the applicant.
15. Considering the given facts and circumstances,
of the case, coupled with the fact that the investigation, in
the present case, is complete, this Court is of the opinion
that the prayer of the applicant for grant of interim bail can
be considered.
16. It has also been submitted by learned counsel
appearing for the applicant, that the applicant is ready to
abide by, any condition, which would be imposed by this
Court, in case, interim bail is allowed in favour of the
applicant.
17. In view of the above, the bail application for
grant of interim bail is liable to be allowed.
18. Consequently, the bail application is allowed
and the applicant is ordered to be released, on interim bail,
on and with effect from 12 th November, 2024 till 27th
November, 2024, in the case, as mentioned above, on his
furnishing personal bail bond, in the sum of ₹ 1,00,000/-,
6 2024:HHC:10908
with two sureties, in the like amount, to the satisfaction of
learned trial Court. This order, however, shall be subject to
the following conditions:
a) The applicant shall not tamper with the
prosecution evidence nor hamper the
investigation of the case in any manner
whatsoever;
b) The applicant shall not make any
inducement, threat or promises to any person
acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the
Court or the Police Officer;
c) The applicant shall not leave the territory of
India without the prior permission of the Court.
19. The applicant is directed to surrender, before
the jail authorities, on 27th November, 2024, positively by
05.00 p.m.
20. Needless to observe that the applicant shall
not seek any exemption to appear before the learned trial
Court, on the date(s) fixed, if any, in the trial, during the
period of interim bail.
21. Any of the observations, made hereinabove,
shall not be taken as an expression of opinion, on the
merits of the case, as, these observations, are confined,
only, to the disposal of the present bail application.
22. It is made clear that respondent-ED would be
7 2024:HHC:10908
at liberty to move appropriate application, in case, any of
the bail conditions, is found to be violated, by the
applicant.
23. Registry is directed to forward a soft copy of the
bail order to the Superintendent of District Kaithu Jail,
Shimla, through e-mail, with a direction to enter the date
of grant of interim bail in the e-prison software.
( Virender Singh )
Judge
November 08, 2024
( rajni )
