Bail Granted to Applicant in Money Laundering Case as He Had Deep Roots in Society and No Risk of Fleeing Away From Country | HC

Case Details: Amit Arora v. Directorate of Enforcement [2025] 170 taxmann.com 491 (HC-Delhi)

Judiciary and Counsel Details

• Ms Neena Bansal Krishna, J.
• Vikas Pahwa, Sr. Adv., Prabhav Ralli, Ms Namisha Jain, Dev Vrat Arya, Yuvraj Bansal & Pranay Chitale, Advs. for the Petitioner.
• Zoheb Hossain, Special Counsel, Vivek Gurnani, Panel Counsel & Kartik Sabharwal, Adv. for the Respondent.

Facts of the Case

In the instant case, a complaint was registered alleging large-scale malpractice and corruption in the framing and implementing of the Excise Policy for the Year 2021-22. The CBI registered an FIR against Manish Sisodia and 13 other accused persons in respect of irregularities and illegalities committed in framing and implementation of the Excise Policy.

ED registered ECIR under sections 3/4 of PMLA wherein the applicant was arrayed as accused No. 9 and arrested in a money laundering case. The applicant filed an instant bail application on the grounds that he was morbidly obese and suffering from multiple serious ailments that required constant monitoring, care and attention, which was impossible in jail.

It was noted that there was no possibility of tampering with evidence by the applicant if he was granted bail, as the case was primarily dependent on documentary evidence, which was already seized by the prosecution.

High Court Held

The High Court held that the applicant was a well-established businessman with deep roots in society. Therefore, there was no possibility of him fleeing the country and not being available for trial.

Further, the High Court held that since the applicant stood on a better footing than other co-accused, who had been recently granted bail, the applicant was to be admitted to bail subject to certain conditions.

List of Cases Reviewed

• Manish Sisodia v. Directorate of Enforcement 2024 INSC 595 [Para 56]; followed.

List of Cases Referred to

• Devki Nandan Garg v. Enforcement Directorate 2022 SCC OnLine Del 3086 (para 14)
• P. Sarath Chandra Reddy v. Directorate of Enforcement 2023 SCC OnLine Del 2635 (para 14)
• Surjeet v. State (Govt. of NCT of Delhi) 2021 SCC OnLine Del 228 (para 23)
• Karim Morani v. CBI 2011 SCC OnLine Del 2967 (para 23)
• Rajkishor Sunnidhi Dash v. State of Maharashtra 2020 SCC OnLineBom 11261 (para 23)
• Akhtar Parvez v. State of West Bengal 2022 SCC OnLine Cal 471 (para 23)
• State v. Jaspal Singh Gill (1984) 3 SCC 555 (para 24)
• Pawan Alias Tamatar v. Ram Prakash Pandey and Anr. (2002) 9 SCC 166 (para 24)
• State of Kerala v. Rajesh (2020) 12 SCC 122 (para 29)
• Rohit Tandon v. Directorate of Enforcement (2018) 11 SCC 46 (para 29)
• Benoy Baby v. ED 2023 SCC OnLine SC 1881 (para 30)
• Pavana Dibbur v. Enforcement Directorate 2023 SCC OnLine SC 1586 (para 38)
• J. Sekar v. Union of India & Ors., 2018 SCC OnLine Del 6253 (para 38)
• Radha Mohan Lakhotia v. Directorate of Enforcement 2010 SCC OnLine Bom 1116 (para 38)
• State of Bihar & Anr. v. Amit Kumar (2017) 13 SCC 751 (para 40)
• Manish Sisodia v. Directorate of Enforcement 2024 INSC 595 (para 51)
• Kalvakuntla Kavitha v. Directorate of Enforcement 2024 INSC 632 (para 51).