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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S.BHARDWAJ
Davender Singh Alias Davinder Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
VINOD S. BHARDWAJ, J.
CRM-13802-2026 Allowed, as prayed for, subject to all just exceptions.
Main case
1. The instant first petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail in case bearing FIR No. 31 dated 15.05.2025, registered under Section(s) 152, 238(B) of BNS, 2023 and Section 5 of Official Secret Information Act, 2023 at Police Station Cyber Crime Kaithal, District Kaithal.
2. The present First Information Report has been registered on the statement of Sub-Inspector Sumit Kumar of the Special Detective Unit. The FIR emanates from the disclosure statement of the petitioner-Davender Singh, in FIR No. 108 dated 11.05.2025 registered under the Arms Act for having uploaded his own photographs with pistols and gun on Facebook. It is stated in the complaint that on 15.05.2025, the police party interrogated the aforesaid accused, Davender Singh, who, during the course of interrogation, suffered a disclosure statement admitting his connections with certain persons based in Pakistan. He disclosed that, in November 2024, he had travelled to Pakistan on a religious trip, where he came into contact with some pe
Bail for offences under the Official Secrets Act is not granted lightly when serious allegations of espionage and substantial evidence exist against the accused.
Cognizance under the Official Secrets Act requires approval from the appropriate government, and failure to obtain such approval renders the charges without authority of law.
UA(P) Act - Grant or release on bail to an accused person, is enunciated as a non-obstante clause, which clearly and unequivocally postulates that, if the Court is of the opinion that, there are reas....
Amendment in Section 45 by the Finance Act 2018 is only with respect to substituting the term ‘offence punishable for 3 years’ with ‘offence under this Act.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
The court established that the absence of incriminating evidence and prolonged detention without trial are critical factors in granting bail.
A journalist's bail was granted based on jurisdictional grounds, and no substantial evidence of tampering was found, despite allegations under the Official Secrets Act and PMLA.
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