The Supreme Court on Monday granted bail to Mohammad Kashif in a money laundering case involving allegations that he impersonated a close aide of Prime Minister Narendra Modi and other Union ministers to extort money from people.
A Bench comprising Justice MM Sundresh and Justice N Kotiswar Singh set aside the Allahabad High Court order that had earlier denied bail to Kashif.
The top court noted that Kashif had remained in custody for nearly three years and that the alleged proceeds of crime involved in the case amounted to Rs 1.10 crore.
During the proceedings, Kashif undertook before the Court that he would not use the names of high constitutional authorities or government functionaries in the future.
While granting bail, the Court directed Kashif to cooperate with the trial proceedings. It further clarified that if he violated any bail condition, breached his undertaking, or failed to cooperate with the trial, the Enforcement Directorate (ED) would be free to approach the trial court seeking cancellation of bail.
Kashif had moved the Supreme Court challenging an Allahabad High Court order refusing him bail in the money laundering case.
The ED case stemmed from an Enforcement Case Information Report (ECIR) registered in April 2023, based on a First Information Report lodged at Surajpur Police Station in Gautam Budh Nagar. The FIR invoked offences relating to cheating, forgery and provisions of the Information Technology Act.
According to the ED, Kashif had uploaded morphed and edited photographs of himself alongside Prime Minister Modi and several Union ministers on social media platforms such as Facebook and Instagram to falsely project that he had access to influential government officials.
The agency alleged that Kashif exploited this impression to collect money from individuals by promising to secure government jobs, government contracts and favourable decisions from government departments.
The ED also relied on the alleged recovery of more than Rs 1.10 crore from premises linked to Kashif, claiming that the amount constituted proceeds of crime.
Before the High Court, Kashif had argued that he was already on bail in the predicate offence and had been in custody since May 25, 2023. He also contended that there had been considerable delay in the trial under the Prevention of Money Laundering Act (PMLA).
His counsel pointed out that charges in the PMLA case had been framed on November 7, 2023, while the testimony of the first prosecution witness concluded only in August 2024.
Opposing the plea, the ED argued that there was no undue delay in the proceedings and claimed that Kashif himself had contributed to delays by filing applications before the trial court, including one seeking deferment of cross-examination of a prosecution witness.
Accepting the ED’s submissions, the High Court had earlier denied bail, observing that the trial was progressing and that there was no undue delay attributable to the prosecution.
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