An ED case under PMLA was filed against me in Mysore; can I get bail?
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Below is a comprehensive legal analysis based on Indian law for your question.
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 Karnataka 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. Karnataka Rent Control Act 1999 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 Mysore. The court can grant bail with conditions such as deposit of passport and regular appearance before the ED.
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