IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -

AFTER CHARGESHEET) NO. 12160 of 2025 ==========================================================

DIPAK KISHORBHAI SALUNKE Versus STATE OF GUJARAT ==========================================================

Appearance:

MR. KISHAN H DAIYA(6929) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 27/06/2025

ORAL ORDER

1) The present successive bail application is 3led under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11210015220232 of 2022 registered with DCB Police Station, Surat City, for the o>ence under Sections 121(A) and 120(B) of the Indian Penal Code, 1860.

2) Case of the prosecution is that, Dy. Commissioner of Police, Surat City, received secret information that one person namely Dipak Kishore Salunke (present applicant) having mobile Nos.

and was operating Facebook and WhatsApp accounts and share con3dential details and information of Indian Army to one accused Hamid, who was ISI Agent and residing at Karachi, Pakistan. After preliminary inquiry, the police personnel came to detail the present accused and upon search fro his Facebook and Whats App accounts, various chats and con3dential details and information of Indian Army came to be found and for sending the same, he has received Rs.75,845/- from accused Hamid and other persons. In this regard, FIR came to be 3led.

3) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the o>ence. Investigation is over and chargesheet has been 3led. Trial would take long time as there are many witnesses. Nothing is required to be recovered from the applicant. The applicant is doing the business of garments and has not connected with the alleged activity. As alleged, no any photographs have been sent by the applicant as photographs are already available under the public domain. Considering the same, the applicant may be enlarged on regular bail by imposing suitable conditions.

4) Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is facing serious charges and without change in circumstances, present successive bail application is 3led. It is further submitted that, the applicant was in contact of Pakistani citizen, who impersonated himself as Poonam Sharma and in lieu of providing certain information, the applicant has received money in the account. He has further submitted that, he had arranged various sim cards for said Hamid and availed monetary bene3ts. There is prima facie case against the applicant who is involved in tranferring money by way of hawala in di>erent countries. Various WhatsApp chats and Facebook messengers were found, wherein the applicant was found interacting with Hamid. Even witnesses have supported the case of the prosecution. Even statements recorded under Section 164 of Cr.P.C, involvement of the applicant is found. Even other co-accused are yet to be intercepted and investigation is going on. Chargesheet has been 3led only qua the applicant herein. In such circumstances, learned APP has requested not to allow present bail application.

5) Having heard learned counsel for both the sides and considering the material placed on record, it appears that based on secret intelligence, the applicant was intercepted and upon search his mobile, more particularly, Facebook and Whats App accounts, various chats and con3dential details and information of Indian Army came to be found and other conversations were found. Present applicant was found in the contact of one Hamid, who is actually Pakistani Citizen but having Facebook account in the fake name of Poonam Sharma. The applicant was found in the contact of ISI agents