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2025 DAILYLAW 34498 (CHH)

AMIT KUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRC/6037/2024 · 2025-01-07

Shri Ravindra Kumar Agrawal

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:1031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6037 of 2024 Order reserved on 21/10/2024 Order delivered on 07/01/2025 Amit Kumar Agrawal S/o Shri Shivbhagwan Agrawal Aged About 41 Years R/o House No. 307/a, Saffair Green Colony, Phase-1, Vidhan Sabha, Raipur, Chhattisgarh, Permanent R/o Rammandir, Dharamjaigarh, District- Raigarh, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Additional Superintendent Of Police, Economic Offence Wing/anti Corruption Bureau, District- Raipur, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Applicant : Mr. Pramod Kumar Dubey, Senior Advocate along with Mr. Gagan Tiwari, Ms. Amrita Vasta and Mr. Shivam, Advocates For Respondent/State : Dr. Saurabh Kumar Pande, Deputy A.G. Hon'ble Shri Justice Ravind ra Kumar Agrawal C.A.V. Order 1. This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested on 01.05.2024 for the Digitally signed by VEDPRAKASH DEWANGAN 2 offence under Sections 420, 467, 468, 471, 201, 120-B of IPC, Sections 7 and 7A of the Prevention of Corruption Act 1988 and Sections 4, 7, 8 and 11 of the Chhattisgarh Gambling (Prohibition) Act, 2022 (as shown in the final report), registered at Economic Offence Wing/Anti-Corruption Bureau, Raipur, Chhattisgarh, in Crime No. 6 of 2024. 2. The prosecution case in brief is that, an FIR of Crime No. 112/2022 registered on 29.07.2022 at Police Station Mohan Nagar, Durg (C.G.) under Section 4A of the Public Gambling (C.G. Amendment) Act, 1976, which was registered against five accused persons, namely, Alok Singh Rajput, Rampravesh Sahu, Kharag @ Raja Singh, Abhishek and Pintu, under Section 4A of the Public Gambling (C.G. Amendment) Act, 1976 and Section 420, 120B of the IPC and also for Section 66D of Information Technology Act, 2000. The Enforcement Directorate had registered the Enforcement Case Information Report (hereinafter referred as 'ECIR') No. RPZ0/10/2022. On the secret information gathered by the officers of the ED, the raid was conducted on the premises of the accused persons in which it was found that a set with a laptop and they were collecting money by creating online IDs and through the said IDs they were placing bets for others through Mahadev Book, on Online cricket matches, horse racing. greyhound racing, kabaddi etc. Upon interrogation, the accused persons disclosed the names of two persons namely Abhishek and Pintu who taught them to procedure of creating the IDs and placing bets in various sports through the Mahadev Book. Initially, treating the FIR No. 112/2022 of P.S. Mohan Nagar, Durg and final report dated 29.07.2022 as 3 scheduled/predicate offence, the respondent ED registered the ECIR No. RPZO/09/2022 which was renumbered as ECIR No. RPZ0/10/2022 vide corrigendum dated 07.11.2022 issued by the ED. *******In the said ECIR, FIR No. 206/2023 dated 02.06.2023 registered at P.S. Cyber Crime Vishakhapattanam Commissionerate, Andhra Pradesh, FIR No. 37/2023 registered at P.S. Bhilai Bhatti, District Durg (C.G.), FIR No. 86/2023 dated 27.02.2023 registered at P.S. Chhawani, District Durg (C.G.), FIR No. 336/2023 dated 10.08.2023 registered at P.S. Gudhiyari, District Raipur (C.G.), FIR No. 685/2023 dated 11.08.2023 registered at P.S. Khamtarai, District Raipur (C.G.), FIR No. 6/2024 dated 04.03.2024 registered at EOW, Raipur (C.G.) and FIR No. 206/2020 dated 24.09.2020 registered at P.S. Burtola, Kolkata, West Bengal, have been included in the said ECIR. *******On 20.10.2023 the ED filed its first prosecution complaint against 14 accused persons alleging that the online gambling App in the name of Mahadev Online Book is established for illegal betting in different live games like poker, card games, chance games, betting on cricket, badminton, tennis, football etc. and also to provide facility for playing several card games like teen patti, dragon tiger, virtual cricket games using cards etc. It is also alleged that the Mahadev Online Book advertised about these betting websites through closed WhatsApp groups and Facebook pages. Vide provisional attachment order No. 4/2023 dated 20.10.2023 the ED provisionally attached three properties of the applicant Amit Agrawal in which Preeti Agrawal, who is the wife of present applicant Amit Agrawal, is the co- 4 owner. On 01.01.2024, the ED filed the first supplementary prosecution complaint before the learned Special Judge PMLA, Raipur in which the brother of the present applicant has also been arrayed as accused No.2. The ED issued summons to the applicant through email directing him to appear on 05.01.2024 at 10:30 a.m. for recording of his statement under Section 50 of the PMLA, 2002. On 05.01.2024 due to the non-availability of the Investigating Officer, his statement could not be recorded. On 08.01.2024 another summon was issued to the applicant for recording of his statement on 11.01.2024. When the applicant along with his wife Preeti Agrawal and their Advocate appeared on 11.01.2024 at the ED office, recording of his statement could commence after 03:30 p.m. on 11.01.2024 and thereafter the applicant was arrested on 12.01.2024 at about 12:15 p.m. The applicant was also informed about the grounds of arrest. On 12.01.2024 the applicant was produced before the learned Special Court PMLA at 04:15 p.m. and his remand was obtained up to 17.01.2024. *******On 17.01.2024 the applicant was again sent in remand for five days of custody of the ED. On 22.01.2024 when the ED again prayed for the remand of the applicant, the applicant objected to granting remand and prayed for the release of the applicant from custody and the second application was for direction to the ED to produce the videography of the statement of the applicant recorded on 11.01.2024 and 12.01.2024 and also the videography of office premises of the ED on the said dates. On 22.01.2024 the applicant was sent in judicial custody and the application for direction to 5 produce the videography of ED premises was dismissed with the observation that on 12.01.2024 a direction to ED had already been given to preserve videography of the recording of the statement of the applicant. On 11.03.2024 the respondent ED filed the second supplementary complaint before the learned Special Court of PMLA, Raipur in which the present applicant is arrayed as accused No. 2. In the said second prosecution complaint the allegation against the present applicant is that the applicant utilized services of his associate Chaturbhuj Sharma in layering of proceeds of crime and ultimately utilizing the same in purchasing of the assets either in his name or in the name of his wife Preeti Agrawal. Chaturbhuj Sharma has utilized the bank accounts of his family members and relatives for the same. The cash provided by the present applicant was deposited in the bank account of family members of Chaturbhuj Sharma and the payments are routed to the present applicant's bank account and ultimately utilized in the purchase of the assets in his name. The statement of Chaturbhuj Sharma recorded on 11.01.2024 under Section 50 of the PMLA, 2002 acknowledged that the amount shown in the bank accounts was given by the present applicant Amit Agrawal. He stated that he supplied about 2.5 crores rupees of bank entries against cash to the present applicant Amit Agrawal, family members and its associates. From the statement of Anil Kumar Agrawal @ Atul Agrawal, who is the brother of the present applicant and also one of the partners in Mahadev Online Book and arrayed as an accused in the prosecution complaint, the wife of applicant received Rs. 24 lacs from Anil Kumar Agrawal in her bank account No. 3326600407AB maintained with Central Bank (RUD 186) on 6 07.04.2022 and various transactions in the name of Anil Kumar Agrawal in his bank account No. 7249002100000065 as well. The applicant has admitted that he has visited the marriage of Sourabh Chandrakar in Dubai. *******The applicant was in touch with Sheikh Arshad from 28.08.2021 to October 2023. During this period more than 170 calls were made between him and Sheikh Arshad. From the statement of Chaturbhuj Sharma, it was also revealed that the person using mobile no. 7000397983 was his associate and used to talk to him about cash transactions involving the present applicant Amit Agrawal. *******On 01.03.2024, the Enforcement Directorate have shared the information to the Deputy Inspector General of Police, Economic Offence Wing and Anti-Corruption Bureau, Raipur, Chhattisgarh under the provisions of Section 66(2) of the PMLA-2002 and disclosed the information about the ECIR No. RPZO/10/2022 and subsequent complaint filed by it. In the said information, it has been disclosed that the Mahadev online book has been running for illegal betting in different live games like poker, card games, etc. and the promoters of the Mahadev online betting app is regulating the said app from its head office at Dubai. The promoters have given franchisee of the said online betting app to various panel operators to manage the business on day-to-day basis. Along with the information, the ED annexed the documents available to them with respect to the involvement of the accused persons in the Mahadev online betting app. 7 *******On the basis of letter dated 01.03.2024, the EOW/ACB registered an FIR under the Crime No. 6/2024 on 04.03.2024 for the offence under Sections 120-B, 34, 406, 420, 467, 468, 471 of IPC, Sections 7 and 11 of Prevention of Corruption Act, 1988 (as amended by amendment of the year 2018), in which 20 accused persons have been named along with other unknown accused persons. During the investigation, it comes that the present applicant received money from his brother Anil Agrawal through Hawala operation, which was used in purchasing the property, which is being routed through the bank account of various persons up to the wife of the present applicant. The applicant is arrested on 01.05.2024 and charge sheet has been filed in the case. 3. Learned Senior Advocate appearing for the applicant would submit that the investigating agency has acted most arbitrarily and it had nothing, but ill-motivated and mala fide intention to implicate the applicant in offence. The applicant is not named in the FIR. He is having no connection or association in any way either with the affairs of the business of Mahadev online book or has received the proceeds of crime to invest it either in his name or in his wife's name. He would further submit that the applicant is already in custody since 12.01.2024 in ECIR No. RPZO/10/2022 registered by Enforcement Directorate and the present case is a result of the said ED case and on the allegations are exactly the same as in the ED case. The applicant cannot be prosecuted twice for the same offence and it would amount to double jeopardy and the FIR itself is not maintainable on same set of allegations. He would further submit that 8 Chaturbhuj Sharma, through whom the money was allegedly received by the applicant, is not the accused in the case. There is no inducement to any person by the present applicant to deliver any property. There is no cheating by the applicant and no any complaint by any of the person, who is claimed that he is victim of the offence and further there is no forgery. He would further submit that the applicant is in jail since 01.05.2024, till date even charges have not been framed and total 145 witnesses are cited, which certainly take a long time for conclusion of the trial of the case. *******In support of his submissions, he would rely upon the judgment passed by Hon’ble Supreme Court in Satender Kumar Antil v. CBI and another, (2022) 10 SCC 51, Arvind Kejriwal v. Directorate of Enforcement, order dated 12.07.2024 passed in Criminal Appeal No. 2493 of 2024, Manish Sisodia v. Directorate of Enforcement, 2024 SCC OnLine SC 1920, Siddharth v. State of Uttar Pradesh, (2022) 1 SCC 676, Joginder Kumar v. State of U.P., 1994 Cr.L.J. 1981 and submitted that looking to the period of his custody, he is cooperative during the entire investigation and there is no possibility of tampering with the witnesses or document as the investigation has already been completed. Therefore, the applicant may be enlarged on bail. 4. Per contra, learned counsel appearing for the State, apart from the reply in writing opposes the submissions made by learned counsel for the applicant and submitted that on an information received from ED with respect to ECIR No. RPZO/10/2022, the EOW/ACB, Raipur has registered an offence under the Crime No. 6 of 2024 for the offence punishable under Sections 120-B, 34, 406, 420, 467, 468 9 and 471 of IPC and Sections 7 and 11 of Prevention of Corruption Act, 1988 (as amended on 2018) against 19 named accused persons, the concerned bureaucrats/police authorities and unknown other persons. During the investigation by the EOW/ACB, it was found that the promoters of Mahadev Book App are Ravi Uppal, Shubham Soni, Sourabh Chandrakar and Anil Kumar Agrawal, who created an online platform for illegal betting in various live games and started through various websites, like; WhatsApp, Facebook, Telegram. These online platform was operated through penal operators/branch operators. Out of total illegal earning, 70 to 80% of their earning were kept for themselves and the remaining amount was given to penal operators. It also reveals that since 2020, the promoters, penal operators and other associated persons have earned illegal income of about Rs. 450 crores monthly through the online betting app. For transaction of the money, they opened bank accounts on the basis of fake documents and it was channelized up to the promoters of Mahadev Book App by penal operators to UAE. They also organized ‘Annual Star-Studded’ events for promotion of their online betting appellant, in which the celebrities were also involved. The illegal money received from online betting app were invested in various shell companies and stock market. To run the illegal betting app and to protect from legal action, the police, administrative officers and influential political persons were also regularly paid huge amount through Hawala operation, by which the amount was distributed to them. In this way the promoters of Mahadev Book App along with their penal operators, checkers, punters, public servants and others entered into a criminal 10 conspiracy and earned huge amount of illegal income through online betting and 20 persons have been named in the FIR including other unnamed accused persons. *******On the basis of the evidence collected during the investigation and statement of the witnesses, it comes against the present applicant that he is the younger brother of co-accused Anil @ Atul Agrawal, who is one of the operator of Mahadev Book and related to online gambling. He is presently residing at Dubai and operating online gambling app. The present applicant received illegal money sent by his brother, which was generated from Mahadev Book app through various bank accounts in his and in his family's bank account. It also reveals that the present applicant had purchased 3.006 hectares of land at village Seri Khedi in the name of his wife Preeti Agrawal, Anil Dammani and Harpreet Singh Rekhi in the year 2022. Out of 3.006 hectares (7.427 acres), 2.475 acres of land is in the share of Preeti Agrawal, which was purchased for the consideration of about Rs. 1.90 crore. The said consideration amount was come through his brother Anil @ Atul Agrawal, who is one of the operator of Mahadev online book and the amount generated from illegal betting app has been used in purchasing the property by the present applicant in the name of his wife. The present applicant had given about Rs. 1.20 crore to Chaturbhuj Sharma on different dates, which have been transferred to his and his wife's account by depositing cash in the accounts of his family members and getting the bank entries made. The remaining amount of Rs. 70 lakhs was arranged by his brother Anil Agrawal, who lives in Dubai, through 11 Hawala and the amount was paid to the seller of the land. Rs. 30 lakhs which was also the illegal money earned from Mahadev book was also given to Chaturbhuj Sharma in cash and the money was transferred to the account No. 3326600407 which is in the name of his wife Preeti Agrawal. *******He would further submit that on the instructions of the present applicant Amit Agrawal and his brother Anil Agrawal, Chaturbhuj Sharma took cash in the bank account of his relatives without any bills/invoices and without supply of flour to Ashish Agrawal, who runs the Akriti Super Snacks Private Limited and get the bank entry made for Rs. 1,33,84,496/-. Rs. 50 lakhs was sent to the present applicant by his brother Anil Agrawal through the Anil and Sunil Dammani on the instructions of Ravi Uppal, who was the promoter of Mahadev book. The name of the present applicant has come in the statement of Arvind Bhangala, Chaturbhuj Sharma, Yusuf Ahmed recorded under Section 164 of CRPC and the statement of Madhu Sharma, Jitendra Sharma, Lakki Sharma, Naresh Navlani, Sheikh Arshad, Ramchandra Sharma, Pranjal Jain, Ashok Kumar Jain and Preeti Agrawal recorded under Section 161 of CRPC. *******He would also submit that when the EOW/ACB received an information of cognizable offence, he has to register the FIR as per the direction issued by Hon’ble Supreme Court in case of Lalita Kumari v. Government of Uttar Pradesh and Ors. (2008) 7 SCC 164. The ECIR is not an FIR, but is a complaint. He would further submit that for commission of offence under Section 3 of PMLA, it is not necessary that a person must also commit the predicate offence. 12 He would also submit that the involvement in the criminal activity is the relevant consideration. A person can be held guilty in money laundering, even if he is not named in the scheduled offence. In support of his contention, he relied upon the case of Vijay Madanlal Choudhary v. Union of India, 2022 SCC OnLine SC 929. In the present case, the offence under the money laundering act is not akin to the offence of IPC or the Prevention of Corruption Act. The offence of money laundering is entirely different from the offence of cheating or forgery of the valuable security/document. He would also relied upon the judgment passed by the Hon’ble Supreme Court in the matter of State Through CBI v. Anil Sharma, (1997), 7 SCC 187, in which the Hon’ble Supreme Court has considered that the custodial interrogation is a qualitative method of interrogation and ED has only shared certain information with the EOW/ACB, and it is for the EOW/ACB to interrogate the allegations of the information. Therefore, there is need to arrest to the applicant and to interrogate him. While considering the bail application, the allegations in the charge sheet against the applicant is the relevant consideration and the role of the accused and also the prima facie evidence available against him. In the present case, there is sufficient evidence available against the present applicant that he is involved in the alleged offence and looking to the seriousness of the offence, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the material placed in the present case by both the parties. 13 6. For consideration of the bail application of the applicant, the Court need not go deep inside the merits of the case, but should consider the prima facie material against the accused in the case. The Hon'ble Supreme Court in the matter of Vijay Madanlal Choudhary case (supra) has observed in para 401 of its judgment that:- "401. We are in agreement with the observation made by the Court in Ranjitsing Brahmajeetsing Sharma [(2005) 5 SCC 294). The Court while dealing with the application for grant of bail need not delve deep into the merits of the case and only a view of the Court based on available material on record is required. The Court will not weigh the evidence to find the guilt of the accused which is, of course, the work of Trial Court. The Court is only required to place its view based on probability on the basis of reasonable material collected during the investigation and the said view will not be taken into consideration by the Trial Court in recording its finding of the guilt or acquittal during trial which is based on the evidence adduced during the trial. As explained by this Court in Nimmagadda Prasad [(2013) 7 SCC 466], the words used in Section 45 of the 2002 Act are "reasonable grounds for believing" which means the Court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt." 7. In the case of Satish Jaggi Vs. State of Chhattisgarh, (2007) 11 SCC 195, the Hon'ble Supreme Court has held that "at the stage of granting of bail, the Court can only go into the question of prima facie case established for granting bail, it cannot go into the question of credibility and reliability of witnesses put up by the prosecution. The 14 question of credibility and reliability of prosecution witnesses can only be tested during trial." 8. The Delhi High Court in its order dated 07.03.2024 passed in Bail Application No. 3807/2022 (Sanjay Jain Vs. Enforcement Directorate) after relying upon the observations made in the case of Vijay Madanlal Choudhary (Supra) has observed in para 49 that:- "49. It thus, emerges that at the stage of considering a bail application under the PMLA, the Court has to bear in mind the following aspects: (i) Whether the accused possessed the requisite mens rea. (ii) The words used in Section 45 of the 2002 Act are "reasonable grounds for believing" which means the Court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt. (iii) A positive finding that the accused had not committed an offence under the Act is not required to be recorded. A delicate balance between a judgment of acquittal/conviction and an order granting bail much before commencement of the trial is to be maintained. (iv) The evidence is not to be weighed meticulously but a finding is to be arrived at on the basis of broad probabilities with reference to the material collected during investigation. The weighing of evidence to find the guilt of the accused is the work of Trial Court. 15 (v) A finding is also required to be recorded as to the possibility of the bail applicant committing a crime after grant of bail. This aspect has to be considered having regard to the antecedents of the accused, his propensities and the nature and manner in which he is alleged to have committed the offence." 9. In the present case, from the statement of Chaturbhuj Sharma, it reveals that he has utilized the bank accounts of his family members and relatives, namely, Jitendra Sharma, Jagdish Prasad Sharma, Ramchandra Sharma, Smt. Anita Sharma, Smt. Madhu Sharma, Yatish Sharma and Lakki Sharma, the cash provided by the present applicant Amit Agrawal was deposited in the bank account of family members of Chaturbhuj Sharma and then routed to the bank account of the present applicant Amit Agrawal which was ultimately utilized for purchase of assets in his name. In his statement, Chaturbhuj Sharma acknowledged that those bank entries were actually against cash given by the present applicant Amit Agrawal which comes to about Rs. 2.5 crores. The present applicant is projecting the payments received from family members of Chaturbhuj Sharma as loan lent at 6% interest without any underlying security. The statement of Chaturbhuj Sharma clearly speaks about the financial condition of his family members that those individuals were not financially well to do and their accounts were utilized by him for arranging bank payments against cash. Even family members were unaware of the present applicant Amit Agrawal, yet they claim that they lent money to him. From the statement of Aman Agrawal, who is the cousin brother of the present applicant Amit Agrawal it also comes during the 16 investigation that the present applicant is involved in Mahadev Online Book betting. The present applicant claimed that Sheikh Arshad was his partner for 10 to 15 days in 2022-23. However, the CDR of his mobile number, clearly reflects that more than 170 calls have been made between them. From the statement of Chaturbhuj Sharma, it also comes that the person who is using the mobile number 7000397983 was his associate and was engaged in cash transactions involving the present applicant Amit Agrawal said Sheikh Arshad was in touch with phone number 9131977273 which is issued in the name of Sourabh Chandrakar. The association of Sheikh Arshad was also established with Mahadev Online Book from the statement of Yusuf Ahmed who is one of the panel operators and from his statement it also reflects that the person who is using mobile number 7000397983 (Sheikh Arshad) has handed over Rs.50 lacs cash to him for delivering it to Dammani brothers. From the CDR the connection between the present applicant, Chaturbhuj Sharma and Sheikh Arshad has duly been proved that the present applicant was well aware that the money is being employed in cash transaction is coming out from Mahadev Online Book. 10. Further, from the statement of Arvind Bhangla, Ashish Agrawal, Yusuf Ahmed @ Potti, Madhu Sharma, Lucky Sharma, Naresh Kumar Nawlani, Sheikh Arshad, Pranjal Jain, Ashok Kumar Jain, Preeti Agrawal (wife of the applicant), the involvement of the applicant in the offence in question is prima facie appears that the applicant is actively involved in the offence and knowingly handled the illegal 17 money generated from the Mahadev online book in his name and his wife's name. 11. The Hon'ble Supreme Court in the case of Y.S. Jagan Mohan Reddy Vs. CBI, reported in (2013) 7 SCC 439 has held in para 34 and 35 of its judgment that "34. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. 35. While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. 12. Hon'ble Supreme Court in the matter of Vijay Madanlal Choudhary (supra) has observed in para 398 as under :- "398. Thus, it is well settled by the various decisions of this Court and policy of the State as also the view of international community that the offence of money-laundering is committed by an individual with a deliberate design with the motive to enhance his gains, disregarding the interests of nation and society as a whole and which by no stretch of 18 imagination can be termed as offence of trivial nature. Thus, it is in the interest of the State that law enforcement agencies should be provided with a proportionate effective mechanism so as to deal with these types of offences as the wealth of the nation is to be safeguarded from these dreaded criminals. As discussed above, the conspiracy of money-laundering, which is a three-staged process, is hatched in secrecy and executed in darkness, thus, it becomes imperative for the State to frame such a stringent law, which not only punishes the offender proportionately, but also helps in preventing the offence and creating a deterrent effect." 13. Having considered the rival submissions made by respective parties, as also from the material produced in the present case, it is not acceptable that the present applicant did not know about the transactions of Mahadev online book and the money obtained by him for purchasing of the properties either in his name or in the name of his wife comes illegally through his brother, who is operating the Mahadev online book, which is the illegal source of his income. Denial by the applicant itself is not sufficient to consider prima facie that there is no mens rea of the applicant for the said offence either under the IPC or under the Prevention of Corruption Act. Although the statements of the witnesses are required to be tested at the time of trial, but for the purpose of consideration of bail application, the statements of the witnesses are relevant for consideration of bail application of the applicant. 14. As has been discussed hereinabove, it cannot be said that there is no involvement of the applicant in the offence in question. 19 Considering the role of the applicant in obtaining the money through illegal source, which is the proceeds of crime in the Mahadev book app, it is found that there is sufficient evidence collected by the EOW/ACB to prima facie show the involvement of the applicant in the alleged offences. It is an organized crime having various facets of its complexion, therefore, further considering the nature of offence and material collected during the investigation, this Court is satisfied that there is prima facie evidence for believing that the applicant is involved in the offence, therefore, I am not inclined to release the applicant on bail. 15. Consequently, the present bail application filed by the applicant is rejected. Sd/- (Ravindra Kumar Agrawal) Judge ved