The Delhi High Court has recently granted bail to a citizen of Nepal in an espionage case on the ground that he has not been named in the FIR and no confidential document has been recovered from him.

A Single Bench of Justice Vikas Mahajan held, “At this stage, without going into the merits of the case, it is relevant to note that the co-accused persons, who are the main accused, have been released on default bail whereas the petitioner is still in custody since 19.09.2020. The petitioner could not be enlarged on default bail possibly, for the reason that the petitioner could not get proper legal assistance for the said purpose. The petitioner has also not been named in the FIR and neither any confidential document has been recovered from him. Further, the investigation is complete and no further recovery has to be made from the petitioner.”

The Bench further observed that the petitioner is not a habitual offender and not involved in any other case.

Advocate Bhaskar Tripathi appeared on behalf of the petitioner while ASC Sanjeev Bhandari appeared on behalf of the State.

Brief Facts -

The petitioner filed a bail plea seeking regular bail in connection with the FIR under Section 3/4/5 of the Official Secrets Act, 1923, and Section 120-B of the Indian Penal Code registered at PS Special Cell. As per the case of the prosecution, inputs were received from Indian Intelligence Agency that one person was receiving funds from his handler through the Hawala and Western Union Money Transfer platform for conveying sensitive information having a bearing on National Security and foreign relations through electronic means.

In connection with the above allegations, the aforesaid person was arrested in the year 2020, and thereafter on the disclosure statement of the said co-accused, the petitioner being a Nepal citizen was also arrested alleging that he was also a part of the conspiracy. The specific allegation against the petitioner was that in furtherance of the criminal conspiracy, the petitioner handed over packages to the co-accused containing cash worth Rs. 1-2 lakhs on behalf of MZ Mall Private Ltd.

The High Court in view of the facts and circumstances of the case noted, “In view of the above, no useful purpose would be served in keeping the petitioner behind bars. Accordingly, the petitioner is admitted to bail on his furnishing a Personal Bond in the sum of Rs. 10,000/- with one surety of like amount, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistrate”

Accordingly, the Court granted bail to the petitioner.

Cause Title- Sher Singh @ Raj Bohara v. State (NCT of Delhi) (Neutral Citation: 2023:DHC:4081)

Click here to read/download the Judgment