Sanjay Chauhan vs Directorate Of Enforcement Lko. Zonal Office Lko.

Subhash Vidyarthi, J

Heard Sri Anuuj Taandon, the learned counsel for the applicant and Sri Rohit Tripathi, the learned counsel for the respondent-Directorate of Enforcement.

The instant application has been filed seeking release of the applicant on bail in Complaint Case No. 15/2019, ECIR No. ECIR/15/PMLA/LZO/2010, under Section 3/4 PMLA, 2002, Police Station Enforcement Directorate, District Lucknow.

On 31.03.2007, the CBI has registered an FIR bearing No. RC0062007A2008, under Sections 120-B, 420, 467, 468 & 471 IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against five persons, not including the applicant, alleging that during the period 14.11.2005 to 07.11.2006, eight housing loans/ overdraft facilities were granted on the basis of forged documents in the name of non-existing/ pseudonymous borrowers causing wrongful loss of Rs. 1.17 Crores approx to Bank of India. The CBI filed eight separate charge sheets in respect of each of the loans. The applicant has been made an accused in Criminal Case No. 2/2010 regarding a loss of Rs. 5,02,747/-caused to the bank by grant of a fake loan.

The applicant has already been granted bail in the aforesaid scheduled offence by means of an order dated 18.08.2012 passed by the Special Judge, Pollution Control (Central), Lucknow.

The ED has filed a complaint against 12 persons, including the applicant, alleging that the applicant had impersonated himself as Neeraj Trivedi in conspiracy with the Senior Branch Manager of the bank and the guarantors and he had applied for a housing loan of Rs. 4.74 lakhs. Similar allegations were levelled against the co-accused persons Ram Ji Shukla, Anirudh Shukla and Prem Prakash Yadav, although the amount in relation to them differ slightly. Co-accused persons Ram Ji Shukla, Anirudh Shukla and Prem Prakash Yadav have already been granted bail in the present case and copies of their bail orders have been annexed as Annexure No. 3 to the affidavit filed in support of the bail application. Co-accused Rajendra Kumar Mishra, who was Senior Branch Manaer and who had granted loans has also been granted bail by means of an order dated 13.10.200 passed by this Court in Bail Application No. 1879 of 2020.

The learned counsel for the respondent has vehemently opposed the bail application and he has submitted that having fraudulently taken loan from a public sector bank, the applicant has caused illegal loss to the public sector bank and he is guilty of the offence of money laundering, which is a serious offence.However, he could not dispute the fact that the case set up against the applicant is similar to that set up against the aforesaid three other borrowers, who have already been granted bail.

Having considered the aforesaid facts and circumstances of the case, as three other similarly situate co-accused persons have already been granted bail, I am of the view that the applicant is also entitled to be released on bail on the ground of parity.

Accordingly, this bail application stands allowed.

Let the applicant-Sanjay Chauhan be released on bail in Complaint Case No. 15/2019, ECIR No. ECIR/15/PMLA/LZO/2010, under Section 3/4 PMLA, 2002, Police Station Enforcement Directorate, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.