1 2025:HHC:27416 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1896 of 2025 Reserved on : 12.08 .2025 Decided on : 14.08.2025 Krishan Kumar …Applicant Versus Directorate of Enforcement Office (ED) …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Manoj Pathak & Mr. Harsh, Advocates. For the respondent : Mr. Zoheb Hossain, Advocate (through Video conferencing), Mr. Ajeet Singh Saklani and Ms. Ananya Srivastava, Advocates. Virender Singh, Judge. 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 by applicant-Krishan Kumar to release him, on interim bail, in case No. ECIR/SHSZO/04/2019, dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:27416 22.07.2019, registered with Directorate of Enforcement, Sub-Zonal Office, District Shimla, Himachal Pradesh, registered under Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter called as the ‘PMLA’). 2. According to the applicant, he is an innocent person and not having any connection with the alleged allegations. The allegations against the applicant are stated to be false, as, he has nothing to do with the said allegations. 3. It is the case of the applicant that the evidence collected against him is too fragile to support the case of the Directorate of Enforcement. 4. As per the applicant, now, the investigation, in this case, is complete and the challan has been filed before the learned trial Court. 5. The relief of interim bail has been sought on the ground that the father of the applicant is suffering with heart and liver disease and owing to his serious condition, he is admitted in AIIMS Bhatinda. According to the applicant, there is no other male member in the family to take care of his hospitalized father. 3 2025:HHC:27416 6. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, he is ordered to be released on interim bail. 7. Earlier, the applicant had filed CrMPs (M) No. 48 of 2024 and 1868 of 2024, for grant of regular bail, before this Court, however, the same were dismissed, by this Court, vide orders dated 31.05.2024 and 08.11.2024. Thereafter, the applicant had filed CrMP (M) No. 2599 of 2024, which was dismissed as withdrawn, vide order, dated 22.11.2024. Subsequently, vide order, dated 4th December, 2024, passed in CrMP (M) No. 2661 of 2024, the applicant was ordered to be released on interim bail. 8. On the basis of above facts, a prayer has been made to allow the present bail application. 9. When put to notice, the status report/reply, on behalf of ED, has been filed, mentioning therein that the applicant has been arrested, under Section 19 of the PMLA, as per the procedure, established, under law. 10. In the status report, filed by the respondent, the grounds, upon which, the case has been registered, have been reiterated by pleading that: 4 2025:HHC:27416 10.1. The matter revolves around a scam, involving the allocation of scholarships to SC, ST and OBC students, under the Post Matric Scheme. In this fraudulent activity, officials from the Department of Higher Education, alongwith private Educational Institutions and Banks, were involved, which has resulted into misappropriation of scholarship funds of more than ₹ 200 crore. 10.2. The applicant, according to the stand, taken by ED, along with others, has played a major role in the scam, wrongfully withholding the rightful scholarship entitlement of the scholarships of the students, belonging to SC, ST and OBC students of Himachal Pradesh. According to ED, they have diverted the said funds into their pockets/ accounts. 22 institutions are stated to be involved. In this regard, ED has relied upon the charge sheet submitted by CBI. The investigation is stated to be going on to unearth the illicit money and ascertain the proceeds of crime (PoC), obtained by way of this scam. 10.3. After recording the reasons to believe in writing, the applicant and his co-accused were arrested by ED on 30th August, 2023, under Section 19 of PMLA, in the said 5 2025:HHC:27416 ECIR. Thereafter, they were produced before the Special Designated Court (PMLA), Shimla, on 31st August, 2023, and the learned Special Court, after perusal of all the documents, including the arrest memo, grounds of arrest, reasons to believe and material for formation of such belief, has granted five days’ ED custody, with a direction, to produce the accused persons before the Special Court on 4th September, 2023, on which date, they were produced before the Special Court and were remanded to judicial custody. 10.4. The prayer, so made by the applicant, has further been opposed, on the ground that the offences, under the PMLA, are different offences, as such, constitute class apart and need to be dealt with different approach, in the matter of bail. 10.5. According to the ED, there is every likelihood that the applicant, if released on interim bail, may tamper with the evidence or influence witnesses, particularly, in light of his role in operating institutions and accessing public officials. 6 2025:HHC:27416 10.6. As per the further stand of the ED, the grant of interim bail would defeat the object of custodial interrogation and judicial custody, which serves to protect evidence and ensure trial efficacy. 10.7. The twin conditions, as per Section 45 of the PMLA, are also stated to be not satisfied, in this case and according to the ED, grounds, as taken in the bail application, are too short to comply with the provisions of Section 45 of the PMLA. 11. On the basis of above facts, a prayer has been made to dismiss the bail application. 12. It is worthwhile to record herein that though, in the petition, it has been pleaded that the father of the applicant is hospitalized, however, during the course of hearing, learned counsel for the applicant, by placing on record, the Discharge Summary of the father of the applicant, has submitted that the father of the applicant has now been discharged from the hospital, though, the presence of the applicant is required, as, there is no other male member in the family to look after him. 7 2025:HHC:27416 13. If the peculiar facts and circumstances of the present case, are seen, according to which, the father of the applicant earlier remained admit in the hospital and now, has been discharged and the stand of the applicant that he is the only male member in the family, to look after his father, then, the applicant is able to make out a case, which falls within the definition of exceptional and extra- ordinary circumstance. 14. Moreover, the applicant has also been released on interim bail, on earlier occasion, however, the said liberty has not been misused by the applicant. 15. 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 granted to the applicant. 16. In this view of the matter, this Court is of the view that the prayer of the applicant, for releasing him on interim bail, is liable to be allowed. 17. Consequently, the applicant is ordered to be released, on interim bail, on and with effect from 15th August, 2025 to 28th August, 2025, in the case, as 8 2025:HHC:27416 mentioned above, on his furnishing personal bail bond, in the sum of ₹ 2,00,000/-, with two sureties, of the like amount, to the satisfaction of the 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. 18. The applicant is directed to surrender, before the jail authorities, on 29th August, 2025, positively by 05.00 p.m. 19. 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. 20. 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. 9 2025:HHC:27416 21. It is made clear that respondent-ED would be at liberty to move appropriate application, in case, any of the bail conditions, is found to be violated, by the applicant. 22. Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu, Shimla, through e-mail, with a direction to enter the date of grant of interim bail in the e-prison software. ( Virender Singh ) Judge August 14, 2025 ( rajni ) RAJNI Digitally signed by RAJNI Date: 2025.08.14 10:35:32 +0530