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ANOOP CHITKARA, J.

1. Aggrieved by the dismissal of regular bail by the Additional Sessions Judge, Patiala vide order dated 05.09.2025, the appellant had come up before this Court by filing the present appeal under Section 21 of the National Investigation Agency Act, 2008.

2. Per custody certificate, the appellant has no criminal antecedents.

3. The appellant’s counsel submits that the appellant would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the appellant repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and to which the appellant shall have no objection. Counsel for the appellant further submits that he shall not use his right of speech expression beyond what is permitted under Article 19 of the Constitution of India.

4. The State’s counsel opposes the bail.

5. Facts of the case are being taken from reply filed by State counsel. Allegations against the main accused Amrik Singh are of dealing in heroin and weapons in conspiracy and connection with Pakistani smugglers. The role of the appellant Manpreet Sharma is that he leaked the official military secrets to main accused Amrik Singh. It shall be appropriate to refer to the following paragraphs of the reply which reads as follows:

“14. That on 14.02.2023 a parcel of cloth in which a Pendrive was deposited at Forensic Science Laboratory Phase-4 Mohali and on 15.03.2023 the accused Amrik Singh was taken to FSL Mohali after obtained him from Central Jail Patiala for the purpose of voice sampling and was given to the office FSL Phase-04 Mohali. The result report is yet to come. The accused Amrik Singh sent a file of about 140 pages of military information to the ISI agent living in Pakistan on his mobile phone and in addition to this. accused Amrik Singh used to talk to the agent of the said person in Pakistan and got drugs heroin and arms in large quantities and used to inform the agent of Pakistan about the activities of India and from the facts and circumstances, it is found that there is a crime under Sections 3,5,7,9 of the Official Secrets Act 1923 has been committed by the accused persons and in this regard, a separate case should be registered and an investigation should be initiated and then the present FIR was registered against the accused Amrik Singh son of Raghubir Singh resident of village Dedhana, police station Ghagga, district Patiala, presently resident of house number 01 Basant Vihar, Harinder Nagar, near Gurdwara Singh Sabha, Sirhind Road, Patiala.

18. That the INSP/SHO along with police party accompanied the said Amrik Singh and reached CIA Patiala. Since the said Amrik Singh was a person of criminal nature, the said Amrik Singh was sent to CIA Patiala in closed custody as per the orders of the senior officers. On 08.09.2023, the said Amrik Singh was again produced before the Court at Samana and a 5-day police remand was obtained. On 08.09.2023, accused Amrik Singh said during interrogation that,

"on 07.06.2022 he has sent a file and complete information of Military in a foreign country Pakistan to Sher Khan, who is agent of ISI from his Samsung Mobile Blue colour bearing No. 8054035672 to mobile No. +447494656751, in FIR No. 28 dated 1.05.2022 under section 21/29/31/61/85 NDPS Act and 25/54/59 Arm Act a