Delhi HC Grants Bail to Upendra Rai in PMLA Case: 13-Month Custody 

The Delhi High Court has released journalist Upendra Rai on bail in a case of money laundering against the backdrop of alleged extortion and financial malpractices, taking into account his 13-month jail term and the possibility of a long-drawn trial. Justice Mukta Gupta directed Rai to be released on a personal bond of ₹1 lakh with a surety of the same amount, restricting him from intimidating witnesses, destroying evidence, or going abroad without court approval.

Case Background

Rai was initially arrested by the CBI on May 3, 2018, on charges of extortion and financial fraud. Soon after being granted bail in that matter, the Enforcement Directorate (ED) re-arrested him on June 8, 2018, under the Prevention of Money Laundering Act (PMLA). The ED charged Rai with laundering money earned from his extortion racket.

Court's Reasoning behind Bail

Overruling the ED's protests, the court stressed:

• Rai’s 13+ months in custody without evidence of tampering.
• The trial’s expected delay due to procedural complexities.
• Bail in predicate CBI cases not being the sole criterion for PMLA relief.

Conditions Imposed

• Rai must submit a ₹1 lakh bond and surety.
• He cannot contact witnesses or alter evidence.
• International travel requires prior court approval.

ED’s Opposition & Prior Denials

The ED argued that PMLA charges warranted continued detention, citing the gravity of financial crimes. A trial court had denied Rai’s bail plea in January 2024, but the High Court overturned this, citing procedural fairness.