HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No.

2840/2022

Akash Maharia S/o Hardayal Maharia, Aged About 22 Years, R/o

Vill. Yalsar PS Balara Distt. Sikar Presently Sipahi G.D. 3214850

F Unit 14, Jat Samdom Sikkim Presently Lodged At Central Jail

Jaipur.

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. R.B. Mathur, Senior Advocate with

Mr. Achintya Kaushik

For Respondent(s)

:

Mr. Ghan Shyam Singh Rathore, GA-

cum-AAG and

Mr. Hari Charn Meena, Dy.S.P., CID

(SSB), Jaipur

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

27/04/2022

The present second bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.02/2021 registered at Police Station Special Police

Station, District Jaipur Metro (CID, Security) for the offence under

Section(s) 3 & 9 of the Official Secrets Act, 1923 (for brevity, ‘the

Act of 1923’) and later on for the offence under Section(s) 3, 3/9

of the Act of 1923.

Learned Senior Counsel, drawing attention of this Court

towards the cross-examination of Birbal Singh (PW-1),

complainant, submitted that he has admitted therein that none of

the documents exhibited by him contained any material of

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[CRLMB-2840/2022]

strategic importance shared by the petitioner with the Pakistani

handlers. He submitted that during the whatsapp chat with the

Pakistani handlers, petitioner has categorically refused to divulge

any information pertaining to Army. He, therefore, prays for

benefit of bail.

Per contra, learned Government Advocate cum Additional

Advocate General submitted that the petitioner, who was inducted

as a Soldier in the Army in the year 2018, has been in company

with two Pakistani handlers since the year 2019 and has been

sharing information of strategic importance prejudicial to the

national security with them on whatsapp video call, whatsapp chat

and facebook. Drawing attention of this Court towards the FSL

report, learned counsel submitted that such information was found

stored in the mobile phone being used by the petitioner. Relying

upon the cross-examination of PW-1, learned counsel submitted

that he has admitted therein that since he was not part of the

investigating team, he was unaware as to whether the petitioner

disclosed information of any strategic importance. Learned

Government Advocate further submitted that the complainant

Birbal Singh is a Sub Inspector not well informed of the nature

and gravity of the information shared by the petitioner. He

submitted that statements of material prosecution witnesses are

yet to be recorded and the petitioner, who is facing trial under the

Act of 1923, cannot be extended benefit of bail. He, therefore,

prayed for dismissal of the second bail application.

Heard. Considered.

The petitioner is facing trial on the allegation that he shared

information of strategic importance which is prejudicial to the

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[CRLMB-2840/2022]

national security with the Pakistani handlers since the year 2019

through whatsapp video call/chat and facebook. There is enough

material in the charge sheet including the FSL report to

substantiate the allegation prima facie. The petitioner cannot be

extended benefit of bail appreciating cross-examination of only

prosecution witness examined so far who, indisputably is a Sub

Inspector not well versed as to whether the information shared by

the petitioner with the Pakistani handlers was of strategic

importance or not. Material prosecution witnesses are yet to be

examined. In view thereof, this Court is not inclined to extend the

petitioner benefit of bail.

The second bail application is dismissed accordingly.

(MAHENDAR KUMAR GOYAL),J

MADAN/5