The Allahabad High Court has allowed the bail application of the ‘Hathras Conspiracy’ case accused Atikur Rehman who was arrested in October 2020 along with journalist Siddique Kappan and two others on their way to Hathras to meet the family members of a gang rape and murder victim, in the Prevention of Money Laundering Activities (PMLA) case.
A Single Bench of Justice Subhash Vidyarthi passed this order while hearing a Criminal Misc Bail Application filed by Atikur Rahman.
The application has been filed seeking release of the applicant on bail in a case under Section 3/4 of Prevention of Money Laundering Act, registered at Police Station Directorate of Enforcement HIU, New Delhi.
The aforesaid case has been registered on the basis of complaint filed by the Directorate of Enforcement against five named accused persons, including the applicant, alleging that co-accused K.A Rauf Sherif was the main conspirator involved in acts of criminal conspiracy heading fund of C.F.I (Campus Funds of India) and received inward remittances from India and abroad and disbursal of funds to various people including the applicant for unlawful activities regarding the applicant.
This alleged that he was the National Treasurer of C.F.I and he was a part of the conspiracy hatched by the main co-accused K.A. Rauf Sherif.
It is alleged that Rs 5000/- had been credited to the applicant’s bank account by one Shibli P.K and the aforesaid amount had been given to him by the co-accused K.A Rauf Sherif.
The counsel for the applicant has submitted that the main co-accused K.A Rauf Sherif, has already been granted bail by means of an order dated 12.02.2021 passed by Special Court for PMLA Cases under the Prevention of Money Laundering Act (PMLA) At Ernakulam in Criminal Misc Bail Application and other co-accused Siddiqui Kappan has already been granted bail by means of an order dated 23.12.2022 passed by a coordinate bench of the Court.
A rejoinder affidavit has been filed annexing therewith copy of the bail order in which the applicant has already been granted bail in the predicate offence by means of an order dated 15.03.2023 passed by a Division Bench of the Court.
“Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation against the applicant is that Rs 5000/- were deposited in his bank account by a person who is not an accused in the case and that the main co-accused K.A Rauf Sherif has already been granted bail, without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be enlarged on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Atikur Rahman be released on bail in case under Section 3/4 of Prevention of Money Laundering Act, registered at Police Station Directorate of Enforcement HIU, New Delhi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to the 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.