Enforcement Directorate Lko vs Party(s)

1. Heard learned counsel for the applicant, Sri Rohit Tripathi who appeared for Directorate of Enforcement.

2. The case in issue is Case No. ECIR/LKZO/05/2021 under Section(s) 3 and 4 of the PMLA Act, P.S. E.D.-Enforcement Directorate, District- Lucknow and the instant application has been filed seeking bail in this case.

3. It is stated that the applicant being Additional Director of Company known as 'Shine City', was apprehended and sent to jail and since

17.10.2020 the applicant is in jail in the predicate/schedule offence. The applicant till date has been reported in 256 cases and in 196 cases report has been filed by Investigating Officer (in short 'I.O.').

4. It is also stated that the E.D. registered the case in issue, i.e., Case No. ECIR/LKZO/05/2021 on 21.01.2021 and thereafter property of the applicant was attached on 03.11.2022 and subsequently the statement of the accused/applicant was recorded on 19.11.2022, after delay of about 22 months of registration of the case, and thereafter the E.D. took remand of the applicant on 09.04.2024, i.e., about three years after registration of the case in issue i.e Case No. ECIR/LKZO/05/2021.

5. It is further stated that the complaint against co-accused, namely, Abhishek Kumar Singh, Uddhav Singh, Shashi Bala and Durga Prasad 2 BAIL No. 4314 of 2025 was filed on 30.01.2024 and these persons were arrested on 23.12.2023. The supplementary complaint by the E.D. against the applicant was thereafter filed on 24.04.2023 and this complaint also indicates the name of co-accused, namely, Asif Naseem, Rashid Naseem, Shahid Akhtar, Shamshad Ansari, Vinay Kumar Singh, Abdul Haq and Meera Srivastava.

6. Further submission is that out of 226 cases of similar nature pending in the State of U.P., the applicant has been released on bail in about 170 cases.

7. It is further stated that the co-accused namely Shashi Bala and Udhaw Singh in relation to whom complaint was filed on 23.01.2024 have been released on bail in terms of the order(s) of Hon'ble Apex Court passed in Criminal Appeal No. 212 of 2025 on 15.01.2025 and Criminal Appeal No. 799 of 2025 on 17.02.2025, respectively.

8. It is also stated that co-accused Abhishek Kumar Singh and Meera Srivastava have also been released on bail by this Court vide order dated

17.02.2025 and 22.05.2025 passed in Criminal Misc. Bail Application Nos. 3985 of 2024 and 750 of 2025, respectively.

9. Learned counsel for the applicant prays to allow the bail application and release the appellant on bail.

10. Sri Rohit Tripathi who appears for E.D. opposed the prayer of the applicant. He stated that the case of the applicant is not similar to the co- accused who have already released on bail.

11. In response, it is stated that even if it is presumed that the case of the present applicant is not similar to the other co-accused, who have been released on bail, even in that eventuality the applicant is entitled to be released on bail after taking note of total period of incarceration i.e more than 5 years as also that the complaint has already been filed and in this view of the matter it can be inferred that the applicant would not be in a position to tamper the evidence of the prosecution and also not in a position to influence the witnesses of the prosecution.

12. Considering the arguments advanced by the learned counsel for the 3 BAIL No. 4314 of 2025 applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused has already been released on bail by the court concerned as well as the total period of incarceration i.e. more than 5 years and the role attributed to the applicant and also the possibility of conclusion of tiral in near future and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

13. Let the applicant- Amitabh Kumar Srivastava @ Amitabh Srivastava be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties out of one surety be of family member, each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court 4 BAIL No. 4314 of 2025 on the dates fixed for recording of statement under Section 313 Cr.P.C. (ix) The applicant shall not leave the country during pendency of the trial without leave/permission of the trial Court.

14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. November 7, 2025 Anurag (Saurabh Lavania,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, Sri Rohit Tripathi who appeared for Directorate of Enforcement.

2. The case in issue is Case No. ECIR/LKZO/05/2021 under Section(s) 3 and 4 of the PMLA Act, P.S. E.D.-Enforcement Directorate, District- Lucknow and the instant application has been filed seeking bail in this case.

3. It is stated that the applicant being Additional Director of Company known as 'Shine City', was apprehended and sent to jail and since

17.10.2020 the applicant is in jail in the predicate/schedule offence. The applicant till date has been reported in 256 cases and in 196 cases report has been filed by Investigating Officer (in short 'I.O.').

4. It is also stated that the E.D. registered the case in issue, i.e., Case No. ECIR/LKZO/05/2021 on 21.01.2021 and thereafter property of the applicant was attached on 03.11.2022 and subsequently the statement of the accused/applicant was recorded on 19.11.2022, after delay of about 22 months of registration of the case, and thereafter the E.D. took remand of the applicant on 09.04.2024, i.e., about three years after registration of the case in issue i.e Case No. ECIR/LKZO/05/2021.

5. It is further stated that the complaint against co-accused, namely, Abhishek Kumar Singh, Uddhav Singh, Shashi Bala and Durga Prasad 2 BAIL No. 4314 of 2025 was filed on 30.01.2024 and these persons were arrested on 23.12.2023. The supplementary complaint by the E.D. against the applicant was thereafter filed on 24.04.2023 and this complaint also indicates the name of co-accused, namely, Asif Naseem, Rashid Naseem, Shahid Akhtar, Shamshad Ansari, Vinay Kumar Singh, Abdul Haq and Meera Srivastava.

6. Further submission is that out of 226 cases of similar nature pending in the State of U.P., the applicant has been released on bail in about 170 cases.

7. It is further stated that the co-accused namely Shashi Bala and Udhaw Singh in relation to whom complaint was filed on 23.01.2024 have been released on bail in terms of the order(s) of Hon'ble Apex Court passed in Criminal Appeal No. 212 of 2025 on 15.01.2025 and Criminal Appeal No. 799 of 2025 on 17.02.2025, respectively.

8. It is also stated that co-accused Abhishek Kumar Singh and Meera Srivastava have also been released on bail by this Court vide order dated

17.02.2025 and 22.05.2025 passed in Criminal Misc. Bail Application Nos. 3985 of 2024 and 750 of 2025, respectively.

9. Learned counsel for the applicant prays to allow the bail application and release the appellant on bail.

10. Sri Rohit Tripathi who appears for E.D. opposed the prayer of the applicant. He stated that the case of the applicant is not similar to the co- accused who have already released on bail.

11. In response, it is stated that even if it is presumed that the case of the present applicant is not similar to the other co-accused, who have been released on bail, even in that eventuality the applicant is entitled to be released on bail after taking note of total period of incarceration i.e more than 5 years as also that the complaint has already been filed and in this view of the matter it can be inferred that the applicant would not be in a position to tamper the evidence of the prosecution and also not in a position to influence the witnesses of the prosecution.

12. Considering the arguments advanced by the learned counsel for the 3 BAIL No. 4314 of 2025 applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the fact that co-accused has already been released on bail by the court concerned as well as the total period of incarceration i.e. more than 5 years and the role attributed to the applicant and also the possibility of conclusion of tiral in near future and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

13. Let the applicant- Amitabh Kumar Srivastava @ Amitabh Srivastava be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties out of one surety be of family member, each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court 4 BAIL No. 4314 of 2025 on the dates fixed for recording of statement under Section 313 Cr.P.C. (ix) The applicant shall not leave the country during pendency of the trial without leave/permission of the trial Court.

14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. November 7, 2025 Anurag (Saurabh Lavania,J.) ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench