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Bachhu Yadav vs. Directorate of Enforcement Government of India

SLP (Crl.) · 2023 INSC 808Decided 6 Sept 2023
SLP (Crl.) No. 7561 of 2023
A.S. Bopanna · Prashant Kumar Mishra

Background

The petitioner was arrested in a money-laundering case alleging he helped transport nearly 1,844 trucks of stone chips as part of an illegal mining operation and had Rs. 30 lakh in suspicious cash deposits in his bank account. The Enforcement Directorate alleged he was a close associate of the main accused, Pankaj Mishra, who was allegedly involved in illegal mining worth crores of rupees. The Jharkhand High Court had earlier refused him bail, prompting this petition before the Supreme Court.

Decision Breakdown

The Court noted that the Rs. 30 lakh deposit predated the period of the alleged illegal activity (01.06.2022 to 26.06.2022) and that the petitioner had offered an explanation, the money was linked to a property purchase, which was corroborated by a registered sale deed. The petitioner had already spent over a year in custody, the chargesheet had been filed, and only 5 of 42 witnesses had been examined so far, meaning the trial would take considerable time. Balancing these facts, the Court granted bail, subject to conditions to be fixed by the trial court, while directing the petitioner not to interfere with the trial or witnesses.

Lesson Learnt

Prolonged pre-trial custody, a plausible explanation for allegedly suspicious transactions, and a slow-moving trial (many witnesses yet to be examined) are all factors courts weigh heavily in favour of bail, even in serious economic offence cases like money laundering.

Official source (sci.gov.in)View Judgment (PDF)

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