Bail as per S. 45(1) PMLA Not Necessary in Absence of Arrest under PMLA: Calcutta HC allows release under BNSS

The Calcutta High Court has allowed the release of an accused under BNSS (Bhartiya Nyaya Sanhita, 2023), stating that bail as per Section 45 of PMLA is not necessary in the absence of arrest under PMLA. The court clarified that the stringent bail conditions under PMLA apply only when the accused has been specifically arrested under that Act. If the arrest is under other provisions, the general bail provisions, such as those under BNSS, would apply. This decision has significant implications for procedural compliance in cases involving multiple statutes, ensuring that the correct legal framework for bail is applied.