An ED case under PMLA was filed against me in Kohima; can I get bail?
RE Asked by Rekha Pandey from India
Quick Answer
Bail under PMLA is governed by Section 45, which imposes twin conditions: a prima facie case must not be true, and the person must not be likely to commit an offence while on bail.
Detailed Legal Analysis
Bail under PMLA is governed by Section 45, which imposes twin conditions: a prima facie case must not be true, and the person must not be likely to commit an offence while on bail. The Supreme Court in Vijay Madanlal Choudhary v.
Union of India (2022) upheld the strict bail conditions but affirmed the need for a fair hearing. File a bail application in the Gauhati High Court with a detailed rebuttal of the prima facie case and undertakings regarding conduct.
The court will examine the evidence, the period of custody and the likelihood of tampering with evidence. Nagaland Rent Control Act 2015 cannot dilute the PMLA bail conditions, since the Act is central and prevails over state enactments.
Preserve the ECIR, the prosecution complaint and the statements under Section 50 in Kohima. The court can grant bail with conditions such as deposit of passport and regular appearance before the ED.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.