The Gujarat High Court dismissed a successive bail application filed by the accused of leaking sensitive Indian Army information to an alleged ISI agent based in Pakistan. Justice Hasmukh D. Suthar rejected the plea, citing national security concerns and the seriousness of the charges, which include offences under Sections 121(A) and 120(B) of the IPC.
The prosecution alleged that the accused communicated via Facebook and WhatsApp with a Pakistani national using the alias “Poonam Sharma” and shared confidential military movement data in exchange for money routed through hawala channels. The Court noted that chats and financial transactions substantiated the allegations and that further investigation against other accused was ongoing.
Dismissing the argument that delay in trial warranted bail, the Court emphasized that matters concerning national security override personal liberty. It observed that the evidence pointed to a larger conspiracy, with implications for border safety and public security. The Court also cited Virupakshappa Gouda & Anr. v. State of Karnataka, 2017 (5) SCC 406 and Ram Govind Upadhyay vs. Sudarshan, 2002 (3) SCC 598 emphasizing the need for substantial change in circumstances for successive bail pleas, which the applicant had failed to demonstrate. The trial court was directed to expedite proceedings.
Appearance:
Applicant: Mr Kishan H Daiya
Respondent: Mr Manan Mehta, APP
