Severity of Allegations Alone Cannot Justify Continued Detention: Chhattisgarh High Court
The Chhattisgarh High Court has granted bail to the applicant in a case registered by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002. The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
Justice Arvind Kumar Verma observed that while offences under the PMLA are undoubtedly serious, the gravity of allegations alone cannot justify continued detention, especially when the trial is likely to take a considerable period to conclude. The Court emphasized that personal liberty under Article 21 of the Constitution cannot be curtailed on the basis of conjecture or speculative apprehensions.
The Court noted that the case against the applicant was largely based on documentary material, statements recorded under Section 50 of the PMLA, and inferential links, the evidentiary value of which can only be assessed during trial. It was further observed that no recovery of alleged proceeds was made from the personal possession of the applicant, nor was there material demonstrating direct enjoyment of such proceeds.
Relying on constitutional principles, parity with similarly placed co-accused, and Supreme Court precedents including Manish Sisodia v. CBI & ED (2024), the Court held that prolonged pre-trial detention would amount to punishment before conviction. Accordingly, the bail application was allowed.