Offence Against The Very Integrity, Sovereignty, And Security Of Bharat: Delhi High Court Dismisses Bail Plea In Espionage Case

The Court denied the regular bail Application filed by the Applicant accused under Sections 3 and 9 of the Official Secrets Act, 1923, read with Sections 409, 201, 380, 381, 457, 120B and 34 of the IPC. The case stems from secret information received regarding the involvement of individuals based in Delhi, Rajasthan, and Uttar Pradesh who had been carrying out anti-national activities and had been engaged in espionage for Pakistan's Inter-Services Intelligence (ISI). It was alleged that the Applicant was part of this syndicate.

A Single Bench of Justice Swarana Kanta Sharma held, “It must be remembered that the nation rests peacefully because its armed forces remain vigilant. It is in their unconditional duty and commitment that the citizenry finds assurance of safety and continuity of the constitutional order. When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, it amounts to an act not only of grave criminality but of betrayal to the nation.”

Advocate Mujeeb Khan appeared for the Petitioner, while APP Manoj Pant represented the Respondents.

Brief Facts

The investigation led to the arrest of several individuals, including the Applicant. According to the prosecution, the arrested individuals were part of a "terror syndicate" involved in espionage, and they were found in possession of "confidential documents, maps related to military installations". These documents were allegedly being supplied to "hostile intelligence agencies".

Court’s Reasoning

The High Court remarked, “The ramifications of such offences are far-reaching – they endanger the lives of countless individuals, compromise military preparedness, and threaten the sovereignty of the State, therefore, do not pass the test of conditions for grant of bail and by no stretch of imagination, though argued by the learned counsel for the applicant be termed as not grave, not being murder or dacoity.”

“The offence in question in the present case is not merely one against a particular individual, institution, or group, but is an offence against the very integrity, sovereignty, and security of Bharat. Such acts, where sensitive and classified information concerning the Indian Armed Forces is allegedly transmitted to foreign handlers, strike at the heart of national security and cannot be treated with leniency. These are not conventional crimes – they are crimes that compromise the trust reposed in individuals who are either part of or have access to our military establishments,” the Bench stated.

The Court stated that the offence in question involves the security of the entire nation and Indians, and the Applicant was part of a syndicate who were working against the security of the country.

The Bench held, “In such circumstances, the judicial response cannot be guided solely by the passage of time in custody or procedural delays, but must be driven by the larger concern of national interest. The seriousness and gravity of such offences demand that they be dealt with utmost sternness, keeping in mind that the consequences of such actions extend beyond the immediate actors and strike at the very foundation of the security of the nation.”

Consequently, the Court ordered, “Considering that the offence in question involves the security of the entire nation and Indians, and the applicant herein was part of a syndicate, who were working against the security of the country, this Court does not find it a fit case to grant bail to the present applicant…Accordingly, the present application stands dismissed.”

Accordingly, the High Court dismissed the Bail Application.

Cause Title: Mohsin Khan v. The State Govt. Of NCT Of Delhi (Neutral Citation: 2025:DHC:4215)

Appearance:

Petitioner: Advocate Mujeeb Khan

Respondents: APP Manoj Pant; Advocates Shreta Shukla and Manik

Click here to read/download the Judgment