Delhi HC grants bail to AAP Volunteer in Excise Policy Money Laundering Case, cites Right to Liberty [Read Judgment]

New Delhi: The Delhi High Court has delivered a significant order granting bail to Aam Aadmi Party (AAP) volunteer *Chanpreet Singh Rayat* in a money laundering case related to the scrapped Delhi excise policy, while emphasizing that prolonged incarceration without trial should not become a form of punishment.  

Justice Neena Bansal Krishna allowed Rayat's bail application, noting that even if the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) are not strictly met, a person cannot be deprived of their constitutional right to personal liberty under Article 21, especially when there is a prospect of long incarceration without the conclusion of trial.  

The court observed that Rayat had been behind bars since April 18, 2024, and that the case involves around 69,000 pages of documents and 493 witnesses to be examined by the prosecution, indicating a potentially lengthy trial process.  

Rejecting the Enforcement Directorate's (ED) arguments against bail, the court held, "Looking at his nature of work as a freelancer for various political parties, which he has been doing in the past, merely because he spent a certain amount, the source of which is not certain, for the campaigning events in the Goa election, it cannot be said that there is a strong case against the petitioner."

The court further observed that Rayat was not named as an accused in the main prosecution complaint or the first five supplementary complaints filed by the ED. It stated, "It is the 6th Supplementary Prosecution Complaint in which the petitioner has been arrayed as an accused."

Expressing its view on the nature of evidence, the court stated, "There is no possibility of tampering with evidence by the petitioner if he is granted bail, as the case is primarily dependent on documentary evidence which is already seized by the prosecution."

The court noted that other co-accused in the same case, including Manish Sisodia, K. Kavitha, and Vijay Nair, have already been granted bail in similar circumstances. It referenced recent Supreme Court judgments emphasizing that "bail is the rule and refusal is an exception."

Addressing the ED's concerns, the court stated, *"The apprehension regarding influencing witnesses and the risk of flight can be mitigated by imposing stringent conditions while granting bail."

The court directed the release of Chanpreet Singh Rayat on bail, subject to furnishing a bail bond of Rs. 5,00,000 with one surety of the like amount. The court imposed several conditions, including surrendering his passport, reporting to the Investigating Officer twice a week, and not leaving the country without permission.  

In conclusion, while considering the twin conditions under Section 45 of PMLA, the Delhi High Court emphasized the importance of personal liberty under Article 21 of the Constitution, especially in cases where a prolonged trial is anticipated.

 [Read Judgment]