JUDGMENT

AMIT SHARMA, J.

1. This is the second application under Section 439 read with Section 436A of the Code of Criminal Procedure, 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 The first application filed on behalf of the present applicant (BAIL APPLN. 1625/2017) was dismissed as withdrawn vide order dated 31.02.2018 passed by a coordinate bench of this Court, with a direction to the learned trial Court to expedite the trial.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 network of informers which compromised of security personnel as well.

ii. The mobile numbers involved were intercepted and based on important intercepts, names of two persons involved - Kafaitullah Khan and Abdul Rasheed were surfaced. Kafaitullah Khan was based in Rajouri District of Jammu & Kashmir and Abdul Rasheed served in the BSF. It was revealed that Abdul Rasheed passed on secret information to Kafaitullah Khan in lieu of money, who then passed on the same to Pakistan intelligence operatives.

iii. Based on the said information, the present FIR was registered against both Kafaitullah Khan and Abdul Rasheed under Sections 3 and 9 of the Official Secrets Act, 1923.

iv. During the course of investigation, information was received that Kafaitullah Khan was planning to travel somewhere from Manjakote and was going to Bhopal from Jammu via Delhi by the Malwa Express train. Based on the said information, Kafaitullah Khan was apprehended on 25.11.2015 at New Delhi Railway Station. During the search of his person, sensitive documents relating to Army were recovered. He was interrogated at the office of ISC, Crime Branch and he admitted to spying for Pakistan and also revealed the involvement of some security personnel. The mobile phone that he used for communicating with his associates was also recovered. His passport having details of his travel to Pakistan, alongwith a letter of recommendation from „Jammu Kashmir Freedom Movement Organisation‟ requesting the Pakistan High Commission to issue a visa was also recovered. During interrogation, he revealed that he was working at the instance of one Faizal-ur-Rehman. He was formally arrested in the case on 26.11.2015.

v. During his interrogation, he revealed that he was contacted by Faizal-

ur-Rehman, who was a Pakistan intelligence operative, who asked him to work for Pakistan intelligence. Faizal-ur-Rehman had asked him to contact retired defence personnel and introduced them to the former. He revealed that in lieu of the work, Faizal-ur-Rehman had promised him to pay a handsome sum of money. Faizal-ur-Rehman had contacted Kafaitullah Khan on his mobile phone and asked to speak with some ex-servicemen, to which the latter replied that he was still trying to get in touch with them.

vi. In the market, Kafaitullah Khan came across his close friend Mohammad Saber, i.e., the present applicant, who was a primary school teacher. In confidence, Kafaitullah Khan told the applicant about his meeting with the aforesaid Pakistan intelligence officer and the tasked assigned to him. At the same time, Kafaitullah Khan received a phone call from Faizal-ur-Rehman. Since, the applicant was also present at the spot, he also spoke with him and directly asked about how much money he would be getting in lieu of work. Within a fortnight, the applicant agreed to the task. Kafaitullah Khan got in touch with an ex-serviceman, Munawar, thr