New Delhi: The Delhi High Court granted bail to Amit Katyal, a “close associate” of the Rashtriya Janata Dal (RJD) supremo Lalu Prasad Yadav, in a money laundering case linked to the alleged land-for-jobs scam in the Indian Railways.
High Court deprecated ‘pick and choose; policy adopted by ED
Justice Neena Bansal Krishna, while granting bail to Katyal, deprecated “pick and choose” policy adopted by the Enforcement Directorate (ED), saying despite there being no arrest of any other accused and irrespective of the fact that he had joined investigations pursuant to every notice under section 50 of the Prevention of Money Laundering Act (PMLA), he has been arrested unceremoniously on November 10 last year from the Delhi Airport, while he was travelling to Ranchi.
“The necessity of arrest of the petitioner has not been explained by the respondents. This in itself reflects not only a pick and choose policy of the respondent which has been deprecated by the Apex Court in the case of ….., but also entitles the petitioner (Katyal) to bail on the principle that the role of the present petitioner is much less than that of the other accused persons,” Justice Krishna said.
“It is not disputed that out of 17 accused in PMLA, none of the accused even though they are the main perpetrators/beneficiaries of the offence under PMLA, have not been arrested and the prosecution Complaint had been filed against them without their arrest,” Justice Krishna added and granted bail to Katyal on furnishing a personal bond of Rs 10 lakh and two sureties of the like amount.
Lalu Yadav, some of his family members are accused in case
Besides Katyal, RJD supremo Lalu Prasad Yadav, some members of his family and others are also accused in the case.
What did Katyal submit?
Katyal had moved the High Court challenging a trial court order denying him bail and sought bail on the doctrine of parity. Urging the High Court to grant him bail in the case, he argued that the ED cannot adopt a pick and choose policy which clearly showed he was being discriminated against.
Katyal further claimed that the accused persons who are being investigated in the case are powerful and influential persons as despite filing of three Chargesheets against the main conspirator and beneficiaries, they have not been arrested and most of them have not been arrayed as accused and those who are arrayed as an accused, were Chargesheeted without arrest.
ED opposed Katyal’s bail plea
The ED opposed Katyal’s bail plea and asserted that Katyal has been actively assisting Lalu Prasad Yadav and his family members in every step while handling the proceeds generated from corrupt practices of Lalu Prasad Yadav being the Railway Minister and he has been associated with the family of Lalu Prasad Yadav since 2006. It further said that he was deeply involved in the conspiracy of getting illegal gratification in lieu of the jobs in the Indian Railways with Lalu Prasad Yadav and Prem Chand Gupta and had played a key role in acquisition, possession, concealment of proceeds of crime.
The ED further submitted that the economic offences constitute a class apart and need to be visited with a different approach in the matter of bail and the nature of accusations in the present case, the gravity of the offence, especially in the light of the economic offence, need to be considered.
Trial may take long to get concluded: High Court
The High Court observed that Katyal is not a flight risk, as he has all throughout been joining the investigations and at no point of time tried to evade the summons or to join the investigations and there has been no endeavour from him to tamper with the evidence which is essentially documentary in nature or to influence the witnesses and the triple test for grant of bail is, therefore, satisfied by him.
“It may be observed that the investigations vis-à-vis him already stands concluded and the Prosecution Complaint stand filed. He is in judicial custody since 10.11.2023. The trial may take long to get concluded. No purpose for his further detention in judicial custody has been made out,” the High Court said while granting Katyal bail in the money laundering case.
