POOJA SINGH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The Present application has been filed seeking grant of bail under Sec. 45 of the Prevention of Money Laundering Act, 2002 (PMLA) r/w Sec. 439 of the Code of Criminal Procedure Code 1973, (Cr.P.C.) in FIR No. ECIR/DLZO-II/54 of 2021 aggrieved of the order dtd. 28/10/2022 whereby the learned Special Judge, dismissed the bail application of the petitioner.

(2.) Facts in brief, are that on the basis of the complainant, Aditi Shivinder Singh FIR no.208/2021 dtd. 7/8/2021 was registered at P.S: Special Cell, Delhi Police against unknown accused persons for different offences under Ss. 170/384/386/388/419/420 IPC r/w 120-B IPC and under Sec. 66 (D) of IT Act.

(3.) As per the status report the prosecution has alleged, that through a newspaper article, it was revealed that a contractual nursing staff was caught in Tihar Jail for helping Sukesh Chandrashekhar in communicating/passing on certain information out of Tihar Jail, as per his instructions. On this, a communication was sent to DG Prisons seeking information regarding the said nursing staff. On the said communication, it was intimated that one Anurag Kumar was working as Nursing Orderly ' Contractual Staff at Central Jail No. 03 and his mobile phone was provided to the department for further investigation. Thereafter, the Statement of Anurag Kumar u/s 50 PMLA was recorded wherein he revealed that the main accused Sukesh Chandrashekhar induced him to send pictures of his handwritten messages written by him (i.e. Sukesh Chandrashekhar) which were further sent to the petitioner for which he was promised to be paid around Rs.10,000.00 to Rs.15,000.00 per day. The said messages were sent by Anurag Kumar to the petitioner on her mobile phone.