IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arman ….Petitioner Versus State of Haryana …Respondent Date of Decision: May 18, 2026 Date of Uploading: May 18, 2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present:- Mr. Pratham Sethi, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG Haryana.

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SSUUMMEEEETT GGOOEELL,, JJ.. ((OORRAALL))

Present petition has been filed under Section 483 of the BNSS seeking grant of regular bail to the petitioner, in case bearing FIR No.74 dated 16.05.2025, registered for the offences punishable under Sections 238 and 152 of the BNS, 2023 and Sections 3, 4 and 5 of the Official Secrets Act, 1923, at Police Station Nagina, District Nuh.

2. The gravamen of the FIR in question is that on 16.05.2025, on receipt of secret information, the police party conducted a raid and one person was apprehended at the spot and, upon enquiry, disclosed his name as Arman (petitioner herein). During search, one mobile phone was recovered from his possession. Upon checking the mobile phone, a photograph relating to the Defence Expo proposed to be held in India in the year 2025, dated 14.04.2025, was allegedly found, wherein details regarding the venue, date, and names of participating companies were mentioned. Another photograph dated 12.04.2025 allegedly contained mobile numbers of companies participating in the Defence Expo. Further, several WhatsApp contacts having Pakistani mobile numbers beginning with “+92” were found saved in the device, and a substantial amount of data was found deleted from the mobile phone. On being questioned, Arman (petitioner herein) allegedly disclosed that he used to transmit confidential information regarding the activities of the Indian Army to one Danish, stated to be an employee posted at the Pakistan High Commission in Delhi, and that he used to receive money from him from time to time. It was further alleged that he had shared secret information affecting the sovereignty, integrity, unity, and security of India.

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 16.05.2025. Learned counsel has iterated that the petitioner has been falsely implicated into the FIR in question. Learned counsel has urged that requisite sanction under Section 217 of the BNSS, 2023 for invoking Section 152 of the BNS has not been obtained and, thus, proceedings have been vitiated. Learned counsel has further urged that the petitioner is not in possession to influence any witness stated in the list of witnesses. Thus, regular bail is prayed for.

4. Learned State counsel, while raising submissions in tandem with the reply by way of an affidavit dated 20/27.04.2026 (already on record), has opposed the present petition by arguing that allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that in case, the petitioner is granted concession of regular bail, there is all likelihood that he may abscond from the process of justice and also interfere/

intimidate the prosecution evidence/ witnesses.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. The petitioner was arrested on 16.05.2025, whereinafter, the investigation was carried out and the challan has been presented on 11.08.2025.

Out of total 20 cited prosecution witnesses, 07 have been examined till date.

At this juncture, it would be apposite to refer herein a judgment of the Hon’ble Supreme Court in Javed Gulam Nabi Shaikh vs. State of Maharashtra and anothers, 2024(3) RCR (Criminal) 494, which reads thus:

“18. Criminals are not born out but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. When a crime is committed, a variety of factor