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2023 Supreme(Del) 592

AMIT SHARMA
Mohammad Saber – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
Mr. Mohit Chaudhary, Mr. Kunal Sachdeva & Ms. Srishti Bajpai, Mr. Aman Usman, APP with Insp. Mintu Singh Gautam.

JUDGMENT :

Amit Sharma, J.

This is the second application under Section 439 read with Section 436A of the CRIMINAL PROCEDURE CODE , 1973 (‘CrPC’) seeking grant of regular bail in case FIR No. 166/2015, dated 16.11.2015., under Sections 3 and 9 of the OFFICIAL SECRETS ACT , 1923, registered at P.S. Crime Branch. The first application filed on behalf of the present applicant (BAIL APPLN. 1625/2017) was dismissed as withdrawn vide order dated 31.02.2018. passed by a coordinate bench of this Court, with a direction to the learned trial Court to expedite the trial.

2. Briefly stated, the facts of the present case, as alleged in the chargesheet are as under:

    i. Secret information was received at P.S. Crime Branch regarding alleged anti-national activities supported by Pakistan based intelligence operatives. The said operative had an Indian handler, who collected information regarding deployment of Indian Army and Border Security Force (‘BSF’) in Jammu & Kashmir and passed the same to persons across the border, thereby endangering national security. The aforesaid handler had a Pan-India

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