Illegal Stone Mining Case| Supreme Court Grants Bail To Bacchu Yadav Accused Of An Offence U/s. 4 PMLA

Yadav is alleged of an offence under Section 4 of the Prevention of Money Laundering Act, 2002. In the matter, both the accused have been allegedly involved in transporting 1844 trucks/vehicles carrying stone chips during the period June 1, 2022 to June 26, 2022. The present Special Leave Petition challenged an order of the Jharkhand High Court, where it had rejected the prayer of the petitioner for bail.

A bench of Justice A.S. Bopanna and Justice Prashant Kumar Mishra in its operative part of the order observed, “We direct that the petitioner be enlarged on bail subject to appropriate conditions being imposed by the trial court and the petitioner diligently adhering to such conditions, as also not being required in any other case. For the purpose of imposition of such conditions and issue of release order the petitioner shall be produced forthwith before the trial court”.

Senior Advocate R. Basant appeared for the petitioner and ASG S.V. Raju appeared for the respondent.

In the pertinent matter, it was alleged that on the scrutiny of Yadav’s bank account it showed huge cash deposited, on January 24, 2022 amounting to Rs. 30 lakhs.

Therefore, the respondents contending that the said amount is proceeds from crime, had included the petitioner as an accused in the instant case.

It was argued on behalf of the petitioner, that the said credit of Rs.30 lakh referred to was not during the period of the offence but much earlier, which is on January 24, 2022 and for the same reason the amount cannot be classified as ‘proceeds from crime’.

Further contended that on the same ground the inclusion of the name of the petitioner as an accused was not justified and is therefore, entitled to bail.

However, the Enforcement Directorate vehemently opposing the bail petition stated that the amount as indicated to be found in the account is only a part of such ill gotten money. Further while justifying the arrest and requesting his custody to be continued, argued that if the entire activities of illegal mining involving the petitioner, led by the said Pankaj Mishra is taken into consideration the amount would be to the extent of nearly 13 crores.

The bench thus considering the contentions put forth by the parties and the fact that the aspects raised would anyway be looked at during the course of the trial, noted, “it is seen that the petitioner was arrested on August 5, 2022 and he has spent a little over one year of incarceration. The chargesheet is filed and the Trial Court having framed the charges, no doubt has started the trial and it is stated across the bar that five witnesses have been examined but it is also stated that in all 42 witnesses are cited to be examined. In that circumstance, taking into consideration all aspects of the matter and also making it subject to the condition that the petitioner shall diligently participate in the trial without interfering in the course of justice and also complying with the other appropriate conditions to be imposed by the trial court, the prayer is accepted”.

Accordingly, the bench disposed of the matter.

Cause Title: Bacchu Yadav v. Directorate of Enforcement Government of India Represented by its Assistant Director (PMLA) & Anr.