(226)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41340-2025 Date of Decision: 11.09.2025 VISHAL PURI ... Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Rakesh Chopra, Advocate with Mr. Sharan Chopra, Advocate and Mr. Jashan Chopra, Advocate for the petitioner.

Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.

****

JASJIT SINGH BEDI, J.

The prayer in the present petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.77 dated 09.05.2025 registered under Sections 3 & 5 of the Official Secrets Act, 1923 at Police Station Dasuya, District Hoshiarpur.

2. The present FIR came to be registered at the instance of Shaik Najeer Corporal Air Force Police AFS Adampur and the same reads as under:-

“To SHO, Dasuya Hoshiarpur Punjab Loading of FIR. 1. It is intimated That on 08 May 25 at about 16:30 Hr a unknown Person later Came To Know as Mr. Vishal Puri S/O Parminder Kumar resident of Ward No.12 House No. 226 Kaintha Dasuya Was Taking Picture and Making Video of Air Force Assets Which were installed in Dasuya Army Park. The Location is Air Force Operation Area and a prohibited area. 2. It is requested to lodge Fir Against Mr. Vishal Puri U/S 3 & 5 of los act 1923 And Any other section deemed fit for spying investigation may be carried out at your end Investigation related to sharing of information with Pakistan Mobile number And Anchal Saved in his mobile be carried out Mob No. +92311466169353 Further details of Investigation May be Shared With Air Force and army For record. 4. For necessary Action Sd/- Shaik Najeer Corporal Air Force Police AFS Adampur.”

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mobile phone along with SIM, laptop and bank accounts of the petitioner have been thoroughly searched but nothing incriminating has been found. As the petitioner is a first-time offender, in custody since 09.05.2025 but none of the 19 prosecution witnesses has been examined so far, the trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail..

4. A short reply dated 10.09.2025 by way of an affidavit of Balwinder Singh, PPS Deputy Superintendent of Police Sub Division Dasuya, District Hoshiarpur has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. While referring to the reply, he contends that the analysis report of the data of the mobile phone of the petitioner and Anchal were obtained from the Cyber Cell Jalandhar as per which no objectionable data has been found in the mobile phone of the petitioner and therefore, Sections 3 and 5 of the Official Secrets Act, 1923 stand deleted and the offence is now only of trespass into the Army Prohibited Area without permission. He, however concedes that the petitioner is a first-time offender, in custody since 09.05.2025 but none of the 19 prosecution witnesses has been examined so far.

5. I have heard the learned counsel for the parties.

6. Admittedly, the provision of the Official Secrets Act stand deleted and a supplementary challan shall be submitted on the basis of the FSL Report deleting the said offences. The only remaining offences one of trespass. As the petitioner is a first-time offender, in custody since 09.05.2025 but none of the 19 prosecution witnesses has been examined so far, the trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required.

7. Thus without commenting on the merits of the case, the present petition is allowed and petitioner-Vishal Puri S/o Parminder Kumar is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

8. The petition stands disposed of.

(JASJIT SINGH BEDI)

11.09.2025 JUDGE

JITESH