1 2025:HHC:27417 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. : 1931 of 2025 Reserved on : 12.08 .2025 Decided on : 14.08.2025 Arvind Rajta …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. Ajay Kochhar, Senior Advocate, with Mr. Bhairav Gupta, Advocate. 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-Arvind Rajta 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:27417 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, the investigation, in the present case, is completed and the challan has been filed before the learned trial Court. 3. The relief of interim bail has been sought on the ground that the son of the applicant, who is pursuing his studies, for becoming a commercial pilot, after completing his DGCA course, has been recommended for advance course/training in USA, for which, visa has been granted to him, till June, 2030. 4. According to the applicant, his son is leaving India on 28th August, 2025, to join the course/training, as such, the applicant has to complete the formalities, including the arrangement for funds, for sending his son to USA for his future prospects. 5. Re-iterating his stand, the applicant has further pleaded that with the permission of the Special Judge, Shimla, vide order, dated 11th July, 2025, he has opened a 3 2025:HHC:27417 KCC Account, which has to be closed and after taking the NOC, it has to be submitted with the revenue authorities, in order to clear the entry of the loans already taken, so that a new process can be initiated for taking loan from the nationalized bank. 6. On the basis of the above grounds, the applicant has prayed for grant of six weeks’ interim bail. 7. 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. 8. Earlier, the applicant had filed bail applications, for grant of regular bail, however, the same were dismissed, by this Court, although, his applications for interim bail have been allowed. 9. On the basis of above facts, a prayer has been made to allow the present bail application. 10. 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. 4 2025:HHC:27417 11. In the status report, filed by the respondent, the grounds, upon which, the case has been registered, have been reiterated by pleading that: 11.1. 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. 11.2. 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. 5 2025:HHC:27417 11.3. 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 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. 11.4. 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. 11.5. 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 6 2025:HHC:27417 light of his role in operating institutions and accessing public officials. 11.6. 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. 11.7. 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. 12. On the basis of above facts, a prayer has been made to dismiss the bail application. 13. The question, which arises for determination, before this Court, is as to whether the ground, upon which the relief of interim bail has been sought, falls within the definition of exceptional and extra ordinary circumstances, or not. 14. The factual position, with regard to the admission of the son of the applicant in USA, to pursue advance course/training has not been disputed by the ED. 7 2025:HHC:27417 Moreover, in this regard the documentary proof has also been annexed with the bail application, such as, the photocopy of the visa, which has been issued on 20th June, 2025, and valid up to 15th June, 2030; and the air ticket, depicting the departure date as 28th August, 2025. 15. In such situation, this Court is of the view that the applicant, although, is not entitled for the interim relief for a period of six weeks, as, it is his pleaded case that his son is leaving India on 28th August, 2025, this Court is of the view that being father, he is under fundamental obligation to provide finances for the education of his son and his plea that he has to obtain loan from nationalized bank, seems to be genuine and the said plea falls within the definition of exceptional and extra ordinary circumstances, to grant interim relief to the applicant. 16. Even otherwise, the applicant has also been released on interim bail, on earlier occasion, however, the said liberty has not been misused by him. 17. It has also been submitted by learned counsel, appearing for the applicant, that the applicant is ready to 8 2025:HHC:27417 abide by, any condition, which would be imposed by this Court, in case, interim bail is granted to the applicant. 18. 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. 19. 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 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. 20. The applicant is directed to surrender, before the jail authorities, on 29th August, 2025, positively by 05.00 p.m. 9 2025:HHC:27417 21. 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. 22. 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. 23. 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. 24. 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 10:34:59 +0530