$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10^th March, 2025.

+ BAIL APPLN. 3836/2024 & CRL.M.(BAIL) 1747/2024 (for interim bail)

ASHISH PATHAK .....Petitioner Through: Mr. Tushar Agarwal, Ms. Tripti Roy, Mr. Arun Kumar and Mr. Amarjeet Singh, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION .....Respondent Through: Mr. Ravi Sharma, SPP (CBI) with Mr. Swapnil Choudhary, Mr. Ishann Bhardwaj, Mr. Sagar and Ms.

Madhulika Rai Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The present application under Section 483 read with Sections 187(3) and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [[‘BNSS’]] (Section 439 read with Sections 167(2) and 482 of the Code of Criminal Procedure, 1973),2 seeks grant of default regular bail in the proceedings emanating from FIR No. RC-32(S)/2022/SC-III/ND dated 9^th December, 2022 registered at P.S. SC-III/ND, under Section 3 of the Official Secret Act, 1923, [[‘OS Act’]] and Section 120-B of the Indian Penal Code, 1860., [[‘IPC’]] The Applicant further seeks setting

2 [‘CrPC’]

Signature Not Verified

Digitally Signed

BAIL APPLN. 3836/2024 Page 1 of 22 aside of the order dated 19^th September, 2024 passed by the Special Judge, PC Act, Rouse Avenue Courts, rejecting the Applicant’s request for regular bail.

Factual Background

2. Briefly stated, the facts leading to the filing of the present petition are as follows:

2.1 The Central Bureau of Investigation, [[‘CBI’]] registered Case No. RC- 32(S)/2022/CBI/SC-III/ND PS; Special Crime-III, New Delhi under the OS Act on 9^th December, 2022. This FIR was registered on the basis of references issued by the Ministry of Home Affairs, [[‘MHA’]], New Delhi, wherein MHA transferred the investigation of the FIR No. 0293/2022 dated 20^th September, 2022 at P.S. Special Cell, New Delhi Range, Lodhi Colony, New Delhi, to the CBI, culminating in the impugned FIR.

2.2 The FIR pertains to a journalist, namely Vivek Raghuvanshi, who is allegedly involved in the illegal collection of sensitive information. The Applicant was arrested in the said case on 16^th May, 2023, following a raid conducted by the CBI at his residential premises.

2.3 The CBI has filed four chargesheets/ prosecution complaints, with the first one being filed on 12^th July, 2023.⁷ As per the averments in the 1, [[‘1st Chargesheet’]] Chargesheet, the Applicant was identified as the source from which Vivek Raghuvanshi obtained confidential classified document, i.e., extract of the Annual Acquisition Plan., [[‘AAP’]] Accordingly, he was charge-sheeted under Section 3(1)(c) of the OS Act read with Section 120-B IPC.

Signature Not Verified

Digitally Signed

BAIL APPLN. 3836/2024 Page 2 of 22

2.4 The Chief Metropolitan Magistrate took cognizance of the 1^st Chargesheet on 19^th July, 2023, and the matter was subsequently committed to the Sessions Court vide order dated 4^th August, 2023.

2.5 The Applicant filed a regular bail application before the Special Judge, which was dismissed by order dated 12^th September, 2023.

Aggrieved, the Applicant challenged the said order before this Court.

2.6 On 17^th October, 2023, during the pendency of bail proceedings, the CBI filed 2^nd Prosecution Complaint along with Supplementary Chargesheet against the co-accused. Thereafter, the 3^rd Prosecution Complaint was filed on 22^nd November, 2023, with Paragraph No. 17 of the complaint stating that four additional AAPs were recovered from the Applicant’s laptop.

2.7 In light of these developments, the Applicant withdrew his bail application filed before this Court, with liberty to approach the Trial Court at the appropriate stage.

2.8 Thereafter, the Applicant filed an application before the Trial Court, seeking default bail under Section under Section 167(2) CrPC. However, the application was dismissed by order dated 14^th March, 2024.

2.9 The Applicant then filed a third bail application before the Special Court, Rouse Avenue, seeking regular bail. During the pendency of this applicat