Neutral Citation No. - 2025:AHC-LKO:5168 Court No. - 11 Case :- APPLICATION U/S 482 No. - 654 of 2025 Applicant :- Rekha Upadhayay Opposite Party :- Deputy Director Of Enforcement (Pmla) Lko. Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- Kuldeep Srivastava Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anil Kumar Sharma, learned counsel for the applicant and Sri Kuldeep Srivastava, learned counsel for the Enforcement Directorate. 2. By means of this application under Section 482 CrPC, the applicant has prayed the following main relief: "Wherefore, it is most respectfully prayed that in the aforesaid facts and circumstances, this application preferred under Section 528 BNSS/ 482 CrPC may kindly be allowed and the entire proceedings of Complaint Case No. 14/2019, arising out of ECIR No.ECIR/LKZO/09/2014, u/s 3 and 4 of Prevention of Money Laundering Act, 2002, P.S., Enforcement Directorate, District Lucknow, pending before the Court of learned Special Judge, PMLA/ Special Judge, Anti-Corruption, C.B.I (West), Lucknow, may kindly be quashed in respect of the applicant in the interest of justice." 3. Learned counsel for the applicant has informed that during the investigation, the present applicant co-operated in the investigation and she has not been arrested. Now, the charge sheet has been filed in the case and learned Trial Court has issued summoning order against the the applicant, therefore, her liberty may be protected. He has also submitted that in the present case, the applicant and her husband both are the accused and her husband has been granted anticipatory bail vide order dated 14.11.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 2514 of 2024 (Prem Shankar Upadhayay vs. Deputy Director, Directorate of Enforcement, Lucknow, Uttar Pradesh, though her two anticipatory bail applications have been rejected by this Court. The present applicant is ready to co-operate in the proceedings. 4. Per contra, Sri Kuldeep Srivastava, learned counsel for the E.D. has submitted that the present applicant has approached this Court time and again to get the anticipatory bail but those applications have been rejected. First anticipatory bail application was rejected by this Court vide order dated 30.05.2023 passed in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 1314 of 2023 (Rekha Upadhayay vs. Union of India, through Directorate of Enforcement, Lucknow, Uttar Pradesh and second anticipatory bail application was dismissed as not pressed by this Court vide order dated 13.12.2024 passed in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 2722 of 2024 (Rekha Upadhayay vs. Deputy Directorate of Enforcement, Prevenjtion of Money Laundering Act, Lucknow, Uttar Pradesh. 5. Learned counsel for the applicant has submitted that in view of the given facts and circumstances, the present applicant is entitled for the benefit of the dictum of the Hon'ble Apex Court in re; Tarsem Lal vs. Directorate of Enforcement, reported in 2024 INSC 434, in Criminal Appeal No. 2608 of 2024 (arising out of Special Leave Petition (Crl) No. 121 of 2024). 6. Be that as it may, since the present applicant has given her undertaking that she shall co-operate in the proceedings, therefore, her aforesaid undertaking may be believed. Besides, her husband has been granted anticipatory bail application and he is co-operating in the proceedings. Since she has not been arrested during investigation, therefore, she may be granted the benefit of the dictum of the Hon'ble Apex Court in re; Tarsem Lal (supra) taking specific plea to that effect before the learned Trial Court concerned and the judgment of Tarsem Lal (supra) being the judgment of the Hon'ble Supreme Court must be considered by the learned Trial Court in its letter and spirit and if the learned Trial Court finds that the benefit of the judgment of Tarsem Lal (supra) may be given to the applicant, it may take appropriate surety and bond as per its satisfaction. 7. This would be absolutely up to the discretion of the learned Trial Court concerned inasmuch as I have not adjudicated or dealt with the merits of the issue. 8. Therefore, the present applicant is directed to appear/ surrender before the learned Trial Court concerned within a period of 3 weeks or on the date fixed, whichever is earlier, and may file appropriate application for bail etc. and if such application is filed before the learned Trial Court, the same shall be considered and disposed of with expedition, without granting any unnecessary adjournment to any of the parties, strictly in accordance with law and the observations made hereinabove. 9. This application is disposed of finally in view of the aforesaid terms. [Rajesh Singh Chauhan,J.] Order Date :- 24.1.2025/(Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench