Case Law Details
Sanjay Jain Vs Enforcement Directorate (Delhi High Court)
In the case of Sanjay Jain vs. Enforcement Directorate (Delhi High Court), the court considered various factors before granting bail to the petitioner. The ruling took into account precedents, the completion of investigation, absence of incriminating evidence, and the petitioner’s background.
Non-Arrest of Co-Accused: Relevant Factor for Bail: The court emphasized that the non-arrest of co-accused is a relevant factor in bail considerations. Citing judgments from previous cases, including Dr. Bindu Rana vs. Serious Fraud Investigation Office and Ramesh Manglani vs. ED, the court highlighted the significance of this factor in the bail decision-making process.
Completion of Investigation and Lack of Incriminating Evidence: The court noted that the investigation against the petitioner was complete, and no incriminating material was recovered from him. Despite searches conducted by multiple agencies, no evidence supporting the respondent’s claims was found. Additionally, the petitioner had cooperated with the investigation on multiple occasions.
Conditions for Bail: After considering the petitioner’s background, travel history, and criminal record, the court granted regular bail. Various conditions were imposed, including restrictions on leaving the country, appearing before the court, joining the investigation when directed, and refraining from criminal activities or tampering with evidence.
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