The requirement for the accused to seek default bail before the court and the gravity of the offence affecting national security influenced the court's decision.

JUDGMENT

Anu Malhotra, J. The applicant vide the present application seeks the grant of bail in relation to FIR No. 230/2020 Police Station Special Cell registered under Section 3,4 &5 of the Official Secrets Act, 1983 & Section 120B of the Indian Penal Code, 1860, submitting inter alia to the effect that he has been falsely implicated in the instant case and that he is uneducated, illiterate, is a citizen of Nepal and has been residing in India for a substantial period and had come to India to find a suitable job to cater to the needs of his family which is totally dependent on him.

2. The applicant submits that he worked as a Taxi Driver in the Delhi NCR for his livelihood and found an opportunity to join a company at Mahipalpur named MZ Mall Private Limited for the position of an office peon-cum-driver at a monthly salary of Rs.10,000/- and his role in the said company was limited to strict and specific instructions of the Management of the company comprising of Mr. Zhang Zheng @ Suraj and Ms. Zhang Lixia @Usha. inter alia, the applicant submits that his role was to clean the office, drive a vehicle and to work as per the directions of the Director of the Company Mr. Zhang Zheng @ Suraj and that the applicant used to deliver/pick any packages as per the specific directions of the management.

3. The applicant further submits that he was not aware of the business of the company and his role was limited and to his understanding the company was involved in the pharmaceutical Sector.

4. inter alia, the applicant submits that towards the end of January, 2020 Mr. Zhang Zheng @ Suraj and Ms. Zhang Lixia @Usha departed to China for a short visit on personal reasons and after their departure all the flights from and to China were suspended during the Covid-19 situation and they could not return back to India, and handled the business of the company from China through internet and calls and in the meantime, India also declared a nationwide strict lockdown from 24th of March 2020 suspending all the movements in the entire country.

5. The applicant submits that he has been behind bars since 19.9.2020 in relation to the FIR No. 230/2020 Police Station Special Cell registered under Sections 3, 4 & 5 of the Official Secrets Act and further Section 120B of the Indian Penal Code, 1860 was added alleging that the applicant was the part of the alleged conspiracy though the applicant was not named in the FIR and was arrested on the lead provided by Rajeev Sharma, Accused No.1, during interrogation. inter alia the applicant submits that he was in police custody for a period of 9 days and thereafter sent to Judicial custody from 27.9.2020 and that the final report under Section 173 of the Cr.P.C., 1973, was filed on 28.11.2020 with a delay of 10 days.

6. inter alia, the applicant submits that the other co-accused availed of the default bail under Section 167(2) of the Cr.P.C., 1973, and that the main accused was released vide order dated 4.12.2020 of the Co-ordinate Bench of this Court in Crl. Rev. Petition No. 363/2020 and the other co-accused Qing Shi was granted bail by the Co-ordinate Bench of this Court vide order dated 28.7.2021 in Crl.Rev.P. No. 82/2021. inter alia the applicant submits that in the absence of legal aid he could not avail of the default bail before filing of the charge sheet as he could not afford to hire any advocate for his defence.

7. The applicant has further submitted that the Directorate of Enforcement recorded an ECIR at the instance of the present matter being a predicate offence and arrested the main accused Rajeev Sharma who was out on bail on 1.7.2021 and arrested the co-accused Qing Shi from the Central Jail No.-06, Tihar Prisons in connection with the ECIR/05/STF/2021 but the Enforcement Directorate did not choose to arrest the applicant and filed the final complaint/chargesheet.

8. The applicant further submits that the accused persons arrested by the Enforcement Directorate under the PMLA, 2002 on the s