SUBHASH PRAKASH v. DIRECTORATE OF ENFORCEMENT LKO.
BAIL/1962/2025 · 2025-09-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126815 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126815 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1962 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Paritosh Shukla, learned counsel for the applicant, Shri Kuldeep Srivastava, learned counsel appearing on behalf of Directorate of Enforcement and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in ECIR No.LKZO/10/2024, under Section 3/4 of Prevention of Money Laundering Act, 2002, Police Station EDZO Lucknow, District Lucknow. 3. The aforesaid case has been registered on the basis of an ECIR registered by respondent-Enforcement Directorate on 30.04.2024. After investigation, the Enforcement Directorate has submitted a complaint dated 10.01.2025. It is stated in the complaint that the accused persons were involved in leaking the question paper of U.P. Police Constable Recruitment Examination, 2023. The proceeds of crime worth Rs.53,64,131/- have been attached from the applicant and a total of Rs.1,02,62,000/- has been attached by the Directorate of Enforcement as proceeds of crime from all the accused persons
4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in four cases relating to scheduled offence has been disclosed in the affidavit in all of which the applicant has been granted bail. On the basis of his involvement in those offences the applicant has been made an accused in one case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, in which the applicant has been granted bail. Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Opposite Party(s) : Kuldeep Srivastava Subhash Prakash .....Applicant(s) Directorate Of Enforcement Lko. .....Opposite Party(s)
5. It has also been submitted on behalf of the applicant that three co-accused persons Vikram @ Vikram Pahal, Shivam Giri and Rohit Kumar Pandey have already been granted bail by means of an order dated 01.04.2025, passed by Special Judge PMLA/CBI, Court No.1, Lucknow and the co- accused Ravi Atri has been granted bail by means of an order dated 19.08.2025, passed by this Court. 6.
The learned counsel for the applicant has submitted that as the applicant has already been granted bail in the cases relating to the scheduled offences and the investigation of the case already stands concluded and the Directorate of Enforcement has submitted a complaint, the applicant is also entitled to be released on bail in the present case also. 7. The learned counsel for the respondent-Directorate of Enforcement has vehemently opposed the prayer for bail and he has submitted that the proceeds of crime worth Rs.53,64,131/- have been attached from the possession of the applicant. The involvement of the applicant in commission of offence under PMLA has been established during investigation and it is only thereafter that a complaint has been filed against him. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail since 24.06.2024; that the investigation already stands concluded and a complaint has been submitted on 10.04.2025; that the trial of offence under PMLA is yet to commence and that the applicant has been granted bail in all other cases including the cases relating to scheduled offences and three co-accused persons have been granted bail in the present case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10.
Let the applicant- Subhash Prakash be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses;
BAIL No. 1962 of 2025 2
(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. September 8, 2025 S. Shivhare BAIL No. 1962 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench