Larger Conspiracy At Play: Gujarat High Court Denies Bail To Man Accused Of Spying For Pakistan's ISI Agent With Fake Facebook Account

The Gujarat High Court while denying bail to a man accused of spying for an agent of Pakistan's ISI, who was holding a fake Facebook account in name of a woman, 'Poonam Sharma', has observed that there is a larger conspiracy at play in the matter.

The Court was considering a Bail Application seeking bail in an FIR registered for the offences under Sections 121(A) and 120(B) of the Indian Penal Code, 1860. The Court also held, while dismissing the bail application, that mere delay in trial is not a reason to grant bail in serious cases.

The Bench of Justice Hasmukh D. Suthar observed, "The appellant is facing serious charge of providing sensitive information and photographs of Indian Army to ISI agent. During the investigation, the Investigating OJcer was able to collect suJcient material and evidence suggesting a larger conspiracy involving ISI agents, posing a threat to national security with a nationwide impact and serious implications for the safety of citizens. Following the alleged incident, terrorist attacks occurred, and drone and other hostile activities were carried out in border areas by Pakistan. The applicant is alleged to have shared highly sensitive information related to border areas. Therefore, considering the unity, integrity, and security of the nation, personal liberty alone cannot be a sufficient ground to allow the present bail application, especially when viewed in the context of larger societal interest. In cases involving grave charges and severe punishment, the Court may not exercise its discretion in favor of the accused."

The Applicant was represented by Advocate Kishan H. Daiya while the Respondent was represented by Additional Public Prosecutor Manan Mehta.

Facts of the Case

The Case of the prosecution was that, Dy. Commissioner of Police, Surat City, received secret information that the Applicant was operating Facebook and WhatsApp accounts and shared confidential details and information about the Indian Army to an ISI Agent who was residing in Karachi, Pakistan.

After preliminary inquiry, the Police found various chats and confidential details and information of the Indian Army and for sending the same to the ISI agent, the Applicant received ₹75,845/- from accused Hamid and other persons and in this regard FIR came to be registered.

Counsel for the Applicant submitted that the Applicant is innocent and has been falsely implicated in the offence and the Trial would take a long time as there are many witnesses. He averred that nothing is required to be recovered from the Applicant who is doing the business of garments and has not connected with the alleged activity. He submitted that the photographs sent by the Applicant are already available in the public domain.

On the other hand, the Additional Public Prosecutor submitted that the Applicant is facing serious charges and the Applicant was in contact with a Pakistani citizen who impersonated himself as Poonam Sharma and in lieu of providing certain information, he received money in his account. The APP submitted that there is prima facie case against the Applicant who is involved in transferring money by way of hawala in different countries and various WhatsApp chats and Facebook messages were found, wherein the Applicant was found interacting with Hamid. He averred that even witnesses have supported the case of the prosecution and even statements recorded under Section 164 of Cr.P.C, involvement of the Applicant is found and even other co-accused are yet to be intercepted and investigation is going on.

Reasoning By Court

The Court observed that considering the role and allegations levelled against the Applicant, it appears that the question of national security is more important than the monetary gain and therefore, even if the Applicant could not have received any money, then also, no case is made out to enlarge the accused on bail.

"Merely there is delay in trial is not a ground to grant bail application in such type of serious matter", the Court observed.

It went on to state that after the filing of the charge sheet, the case of the prosecution has been strengthened. Reference was made to Apex Court's decision in the case of Virupakshappa Gouda & Anr. Vs. The State of Karnataka & Anr., 2017 and Navin Singh Vs. State of U.P., 2021, to state that the filing of the charge sheet does not in any manner lessen the allegation, but is only a cosmetic change.

The Application was accordingly dismissed.

Cause Title: Dipak Kishorbhai Salunke vs. The State of Gujarat (2025:GUJHC:34366)

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