PMLA Case | Allahabad HC Denies Bail To Man Accused Of Duping People By Impersonating Person Close To PM Modi

Denying him the relief, a bench of Justice Samit Gopal noted that the alleged recovery of huge amount of money and other related documents and articles corroborate his deeds and that there is nothing credible to overcome the twin conditions of Section 45 of PMLA, 2002.

Noida resident Kashif (36), arrested in April last year, defrauded people by promising them tenders and government jobs and claiming close links with top government officers and ministers, including the PM.

The prosecution's case in brief was that he illegally earned money in the name of his firm, M/s Advice Allys' and thus committed offences under Sections 419, 420, 467 and 471 of Indian Penal Code, 1860, which are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the PMLA. It has also been alleged that the money collected by him would be Proceeds Of Crime as per Section 2(1) (u) of PMLA, 2002.

Thus, it was argued that he committed a prima facie money laundering case under Section 3 of PMLA, punishable under Section 4 of the said Act.

On the other hand, the counsel for the accused argued that the applicant was granted bail in May 2023 by a court in Gautam Budh Nagar for IPC offences, and the Charges were framed in the ECIR on November 2023.

It was submitted that though a charge sheet has been filed against him in the FIR case, no charge has been framed yet, and the matter is pending before the court concerned at Gautam Budh Nagar, which has not yet been transferred to the court at Ghaziabad.

Further, it was submitted that though Amit Singh is also involved in the matter, he has not been made an accused. The search was conducted in April 2023, but the Proceeds Of Crime were taken in January 2024.

Having heard the counsels for the parties and perusing the record, the Court took note of the allegations against him regarding misrepresenting his status and extorting money from people to get their work done through government agencies for personal financial gain.

The Court also perused his Facebook Account and Instagram Account, which revealed posting of the morphed photographs along with the other documents (invitation card in his name of Oath Taking Ceremony of the Prime Minister of India, invitation card in his name for lunch with the Prime Minister of India etc.) which gave a false belief that he was a person well known to them and thus was successful in extorting them.

Thus, stressing that the recovery of huge amount of money and other related documents and articles corroborated his deeds, the Court denied him bail.

Case title - Mohammad Kashif vs. Directorate Enforcement Special Task Force Government Of India Pravartan Bhawan Dr. APJ Abdul Kalam

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