Anticipatory bail can be granted when a person is not named in an FIR and no risk of tampering with evidence exists, emphasizing the right to freedom of expression.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. Bail Application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C’) has been filed on behalf of the Applicant, Prabir Purkayastha seeking Anticipatory Bail in FIR No. 116/2020 dated 26.08.2020 under Section 406/420/120-B of the Indian Penal Code, 1860 (hereinafter referred to as "IPC‟) registered at Police Station Economic Offences Wing, Delhi Police.

2. Based on the FIR, an Enforcement Case Information Report being ECIR/14/HIU/2020 dated 2 September 2020 (“ECIR”) was recorded under S. 3 and S. 4 of the Prevention of Money Laundering Act, 2002 (“PMLA”) by the Directorate of Enforcement (“ED”). Basis the ECIR, the ED is conducting a separate investigation in the matter and the Applicant has been cooperating with the investigation initiated by the ED.

3. Briefly stated, the Applicant is an Indian citizen aged 28 years and is the Director and Editor of PPK Newsclick Studio Pvt. Ltd (“PNSPL”) and was appointed as an Additional Director of PNSPL on 12.03.2020. Subsequently was appointed as a Directorof PNSPL on 30.092020.

4. The Applicant has been providing his services to PNSPL as an Editor since 01.06.2016 and even after his appointment as a Director of PNSPL and till date; the Applicant continues to be the editor of PNSPL and is not involved in taking the major financial decisions of PNSPL.The Applicantonly looks into the news related functions of the PNSPL and is delinked from the business affairs of PNSPL.

5. The Applicant is apprehending arrest in the FIR 116/2020 as he has received a notice dated 30.06.2021 under S. 41-A of the Code of Criminal Procedure, 1973 (“CrPC”), bearing no. 4540/R/ACP/Section-II/EOW from the Respondent/EOW, calling upon the Applicant to appear before the Investigation Officer on 9.07.2021 at 4 PM along with certain documents. The Applicant is neither named in the FIR nor has any connection with the subject matter of the FIR. Save for stating that there are reasonable grounds to question the Applicant in connection with the matter, none of the grounds as mentioned in S. 41-A Cr.P.C. have been mentioned in the S. 41-A Cr.P.C. Notice issued to the Applicant by the Respondent/EOW.

6. The S. 41-A Notice was issued to the Applicant only after W.P. (CRL.) 1130/2021 was filed on behalf PNSPL before this Hon’ble Court on 18.06.2021 praying for the quashing of the said FIR. By an order dated 21.06.2021, this Court issued notice and directed the matter to be listed on 29.07.2021 after directing the Respondent/EOW to file its counter affidavit in four weeks.

7. W.P. (CRL.) No. 1129/2021 was heard by this Court on 21.06.2021 wherein this Court was pleased to issue notice in the matter and had directed the ED to file its reply to the above Writ Petition within two weeks and had directed that no coercive steps shall be taken against PNSPL and Mr.Purkayastha till the next date of hearing i.e., 5 July 2021.

8. On 5 July, the matter was adjourned to 29 July 2021 and the order of no-coercive steps was continued till said date. The Applicant understands that the Respondent/EOW has also issued a notice under S. 41-A Cr.P.C to the second Director of PNSPL i.e., Mr. Prabir Purkayastha for appearing before the EOW on 07.07.2021 along with the documents.

9. The Applicant carries out work related to assigning of written and video stories; day to day co-ordination of desk related work, final checks and other similar issues. Further, the website and other social media properties of PNSPL have frequently published articles/stories/videos, etc. authored by the Applicant.

10. The Respondent/ EOW has issued the S. 41-A Notice to the Applicant directing him to appear before the investigation officer on 09.07.2021 at 4 P.M. along with certain documents pertaining to details of Directors of PNSPL, main business of PNSPL, the Applicant’s alleged dealing with WMHL, persons involvedin the sale of shares to WMHL etc. The Applicant has reasonable grounds to believe th