New Delhi, Dec 29 (IANS) The Delhi High Court has granted bail to Sandeepa Virk in a money laundering case registered by the Enforcement Directorate (ED), saying that the allegations date back to 2008–2013, while the Enforcement Case Information Report (ECIR) was registered only in 2025.

A single-judge Bench of Justice Swarana Kanta Sharma allowed the bail plea in a case arising from an ECIR lodged by the ED under the Prevention of Money Laundering Act (PMLA), holding that there was no justification for keeping her in further judicial custody.

In its order, the Delhi High Court noted that Virk was neither charge-sheeted in the predicate offence registered in 2016 under Sections 406 and 420 of the IPC, nor was cognisance taken against her in a subsequent private complaint.

“The record reflects that the applicant was not found culpable at the stage of police investigation, nor was any prima facie case found against her by the Magistrate,” Justice Sharma said.

Referring to Section 45 of the PMLA, the Delhi High Court held that the statutory embargo of the twin conditions would not apply to Virk, who is a woman.

“In the case of a woman accused, the embargo of the twin conditions under Section 45(1)(ii) of the PMLA can be relaxed, and the application for bail can be considered on general principles governing grant of bail,” Justice Sharma added.

The Delhi High Court also noted that the main accused, Amit Gupta alias Nageshwar Gupta, declared a proclaimed offender in the predicate offence, remains unarrested.

“Despite the said declaration, and notwithstanding the fact that he is presently appearing through counsel before the Special Court in the PMLA proceedings, as is evident from the order- sheets placed on record, the ED has, till date, not taken any effective steps to arrest him,” the order said.

Considering that Virk has been in custody since August 12, 2025, that the prosecution complaint has already been filed, and that the trial is likely to take time as 24 witnesses have been cited by the prosecution, the Delhi High Court held that her continued incarceration would not be justified.

“The fact that trial in the predicate offence is not proceeding since the only accused, i.e. Amit Gupta is absconding — this Court finds no ground to further keep the applicant in judicial custody,” it said.

Justice Sharma ordered Virk’s release on bail on furnishing a personal bond of Rs 2 lakh with two sureties, subject to conditions including surrender of passport, cooperation with investigation, and regular appearance before the trial court.

The Delhi High Court clarified that nothing said in its bail order would amount to an expression of opinion on the merits of the case.

–IANS

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