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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6995 of 2021

Neelam Chaturvedi

….

Petitioner

-versus-

Republic of India (CBI)

….

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

Order

No.

ORDER

20.09.2021

06.

1.

This matter is taken up through Hybrid mode.

2.

The Petitioner apprehending her arrest in Kolkata CBI

RC No.18/S/2014-Kol/ Dtd. 05.06.2014 corresponding to SPE

Case No.13/2014 pending in the court of learned Special C.J.M.

(CBI), Bhubaneswar registered for alleged commission of

offence punishable under Sections 420/406/409/471/120-B IPC

read with Sections 4/5/6 of the Prize Chits and Money

Circulation Scheme (Banning) Act has filed this petition for her

release on pre-arrest bail.

3.

Heard learned counsel for the Petitioner and learned

counsel for the Opposite Party-CBI.

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4.

The Petitioner in this case being indicted in

supplementary charge sheet filed in the aforesaid case has

moved this Court for release on pre-arrest bail.

5.

As it appears, the Petitioner in the charge sheet filed

was not named but in the subsequent investigation as some

materials stated to have been collected against her, a

supplementary charge sheet was filed against her. The

Petitioner though in custody while the investigation against her

was continuing, in some other cases, but her remand in this case

in question was not sought for nor she was shown as an

absconder nor the C.B.I prayed for issuance of any warrant to

arrest her on filing of the charge sheet as submitted by the

learned counsel for the Petitioner, which is not disputed by the

learned counsel for the C.B.I on going though the materials on

record. However, on submission of the charge sheet the court

stated to have issued N.B.W (A) for her apprehension as such

this petition for her release on pre-arrest bail.

6.

The Petitioner has come to this Court seeking pre-arrest

bail on the ground that since she was not required by the

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Investigating Agency and as such after charge sheet has been

filed N.B.W(A) could not have been issued against her at the

first instance instead of summons. Hence, she is entitled to be

released on bail and as such her prayer for pre-arrest bail be

allowed as otherwise she would be arrested pursuant to the

N.B.W.(A) issued. In this regard, learned counsel for the

Petitioner has placed reliance on the judgment of the apex

Court in the case of Aman Preet Singh v. C.B.I through

Director (Criminal Appeal No.929 of 2021 arising out of

SLP (Crl.) No.5234 of 2021 disposed of on 2^nd September,

2021) wherein the apex Court have held, as follows :

“xxx

xxx

xxx

In our view, the purport of Section 170, Cr.P.C. should no more

be in doubt in view of the recent judgment passed by us in

Siddharth vs. State of Uttar Pradesh & Anr. (Criminal Appeal

No. 838/2021),2021 SCC onLine SC 615). In fact we put to

learned senior counsel whether he has come across any view

taken by this Court qua the said provision. Learned counsel also

refers to judgments of the High Court which we have referred to

in that judgment while referring to some judicial pronouncements

of this Court on the general principles of bail. The only additional

submission made by learned counsel is that while the relevant

paragraphs of the judgment of the Delhi High Court in Court on

its own Motion vs. Central Bureau of Investigation (2004) 72

DRJ 629 have received the imprimatur of this Court, the

extracted portions from the judgment of the Delhi High Court did

not include para 26. The said paragraph deals with directions

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issued to the criminal Courts and we would like to extract the

portion of the same as under:

“26. Arrest of a person for less serious or such kinds of

offence or offences those can be investigated without arrest by

the police cannot be brooked