Dismissed

Dukhi Prasad v. Assistant Director, Directorate of Enforecement

Allahabad HC19 May 2023ABAIL/4170/2023

Case brief

AI extract

What is this about?

The Allahabad High Court adjourned the disposal of an anticipatory bail application filed by Dukhi Prasad in a money laundering case, directing the Sessions Court to decide the matter in light of the Supreme Court judgment in Satender Kumar Antil while noting insufficient explanation for bank withdrawals.

What did the court decide?

Anticipatory bail application dismissed; Sessions Court directed to dispose of subsequent bail following SC guidelines in Satender Kumar Antil.

Dukhi Prasad Vs Assistant Director, Directorate of… — Money Laundering | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:110328

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Court No. - 49

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4170 of 2023

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Applicant :- Dukhi Prasad Opposite Party :- Assistant Director, Directorate Of Enforecement Counsel for Applicant :- Mohan Tiwari

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Counsel for Opposite Party :- Pawan Kumar Srivastava,Sikandar B. Kochar

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Hon'ble Rajeev Misra,J.

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Heard Mr. Mohan Tiwari, the learned counsel for applicant and Mr. Sikandar B. Kochar, the learned counsel representing opposite party.

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This application for anticipatory bail has been filed by applicant Dukhi Prasad in connection with Sessions Trial No. 161 of 2023 (Assistant Director of Enforcement Katra, Allahabad Vs. Dukhi Prasad), now pending in the Court of Sessions Judge, Allahabad, arising out of Complaint Case No. 02 of 2020, (ECIR No. 03/ALSZO/2014, under Sections 3/4 Prevention of Money Laundering Act, 2002, District Prayagraj.

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Varied submissions have been made by the learned counsel for applicant in support of the present anticipatory bail application.

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Mr. Sikandar B. Kochar, the learned counsel representing opposite party has contradicted the submissions urged by the learned counsel for applicant by inviting the attention of Court to the complaint, which is part of the F.I.R. and has been brought on record by means of supplementary affidavit filed by the applicant. With reference to above, he submits that applicant has withdrawn only a sum of Rs.5000/- from his Bank Account in the check period of 21 months. No satisfactory explanation has been offered by the applicant to the Investigating Agency at the relevant point of time. Referring to the judgement of Supreme Court in P. Chidambaram Vs. Directorate of Enforcement, AIR 2019, SC 4198, he submits that since there is no exceptional circumstance in the present case for exercise of jurisdiction under Section 438 Cr. P. C., which is required to be exercised sparingly, the prayer for anticipatory bail is liable to be refused.

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When confronted with above, the learned counsel for applicant could not overcome the same at this stage.

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As a result present application for anticipatory bail fails.

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However, considering the judgement of the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 (10) SCC, 773, it is directed that Court below shall decide the bail application of applicant in the light of aforementioned judgement within the time period as provided in the aforementioned judgement.

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With the aforesaid direction, this anticipatory bail application stands finally disposed of.

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Order Date :- 19.5.2023 HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Dukhi Prasad v. Assistant Director, Directorate of Enforecement

Case brief

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Dukhi Prasad v. Assistant Director, Directorate of Enforecement

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