ORDER :

1. This is a third bail application filed under Section 439 Cr.P.C. on behalf of the accused-petitioner who is in custody since 08.06.2020 in connection with FIR No.01/2020 registered at Police Station Special Police Station Rajasthan, Jaipur (CID Security), for offences under Sections 3 and 3/9 of the Official Secrets Act 1923 and Section 120-B IPC.

2. The previous bail application (No.2919/2022) filed on behalf of the accused petitioner was dismissed as withdrawn by this Court vide order dated 08.08.2023 with liberty to file fresh bail application before the learned trial court under the provisions of Section 437(6) Cr.P.C. After passing of the order dated 08.08.2023, the petitioner preferred a bail application under Section 439 Cr.P.C. read with Section 437(6) Cr.P.C. before the learned trial magistrate. However, the learned trial magistrate dismissed the application of the accused petitioner. Thereafter, the petitioner preferred bail application under Section 439 Cr.P.C. read with Section 437(6) Cr.P.C. before the learned Sessions Court, Jaipur Metropolitan-I from where it was transferred to the court of learned Addl Sessions Judge No.8, Jaipur Metropolitan-I. However, the bail application of the accused petitioner was also dismissed by the learned Sessions Court vide order dated 18.09.2023. Hence, this third bail application.

3. Brief facts of the case are that on the basis of a typed report submitted by Sundermal, Police Inspector, CID Zone Ganganagar, an FIR No.01/2020 was registered at PS Special Police Station, CID Security against Vikas Kumar, petitioner herein and Chimanlal for offences under Section 3/9 of Official Secrets Act and Section 120-B IPC. It was alleged in the FIR that a secret information has been received to the Technical Cell of the Department that the accused petitioner, working in Gangapur Army Area is in contact with the Pakistani Intelligence through social media and he is providing military related confidential information to them, which is a threat to national security. It is also alleged that one Chiman Lal, working in Mahajan Firing Range is also indulged in such act with the accused petitioner.

4. It is contended by learned counsel for the petitioner that the accused petitioner has falsely been implicated in this case. He is in custody since 08.06.2020 and till date, he has suffered incarceration of nearly three years and six months and thus, his right to life and personal liberty, as guaranteed under Article 21 of the Constitution of India is being seriously infringed. Counsel further submits that while rejecting the second bail application, this Court gave liberty to the petitioner to move fresh bail application under the provisions of Section 437 (6) Cr.P.C. before the learned trial court. The petitioner filed an application under Section 439 Cr.P.C. read with Section 437(6) Cr.P.C before the learned magistrate. The learned Magistrate dismissed the bail application of the accused petitioner by observing that the provisions of Section 437(6) Cr.P.C. are not mandatory in nature and bonafide efforts are being made to conclude the trial. Thereafter, the petitioner moved bail application before the learned Sessions Court who also dismissed the bail application of the accused petitioner while showing his agreement with the observation of learned magistrate.

5. Learned counsel submits that while rejecting the bail application, the learned Sessions Court observed that perusal of the order-sheets of the learned magistrate court revealed that bonafide and serious efforts are being made to conclude the trial. He submits that after recording pre-charge evidence, on 17.04.2023, charges were framed against the accused petitioner and the matter was posted for 01.05.2023 for prosecution evidence. Till date, statements of only two prosecution witnesses i.e., Sundar (PW.1) and Omprakash (PW.2) have been recorded whereas there are 37 cited witnesses in the list of the prosecution witnesses. He argues