Gujarat High Court Denies Bail To Man Accused Of Sharing Sensitive Info On Border Areas To Alleged ISI Agent
The Gujarat Excessive Courtroom just lately denied bail to a person accused of spying and sharing confidential particulars concerning the Indian Military to an alleged ISI agent acknowledged to be residing in Pakistan who allegedly posed as a girl having a Fb account within the identify of Poonam Sharma.
In doing so the court docket noticed that materials suggests a “bigger conspiracy involving ISI brokers” posing a risk to nationwide safety noting that the applicant allegedly shared “delicate info on border areas”. It additional noticed that following the alleged incident, terrorist assaults had occurred inclduing drone and different hostile actions which had been carried out in border areas by Pakistan.
The petitioner Deepak Salunkhe has been booked and arrested in a 2022 FIR beneath IPC Sections 121(A) (conspiracy to wage, or making an attempt to wage conflict, or abetting waging of conflict, towards the Authorities of India) and 120(B) (legal conspiracy).
Justice Hasmukh D Suthar in his order famous that it appeared that as per intelligence Salunkhe was intercepted and upon looking out his cell phone significantly his Fb and WhatsApp accounts, varied chats and confidential particulars and data of Indian Military got here to be discovered and different conversations had been discovered.
“Current applicant was discovered within the contact of 1 Hamid, who is definitely Pakistani Citizen however having Fb account within the faux identify of Poonam Sharma. The applicant was discovered within the contact of ISI brokers and he shared delicate info of Indian Armed Power together with the images and for that, he acquired cash by way of Hawala…The current applicant was discovered to be concerned in sharing motion of armed power automobiles in Pushkar and for that, he had acquired cash. Cash transactions had been discovered between the applicant, Hamid and different individuals. It’s required to be famous that regardless of the secret info and images despatched by the applicant, are confirmed by the Military that such info are secret info and should not out there for the general public. Additional, the stated Fb Account of Hamid, created within the faux identify of Poonam Sharma was made in Pakistan“.
The court docket after contemplating the function and allegations levelled towards the applicant, stated that it seems that query of nationwide safety is extra necessary than the financial achieve. It stated that even when the applicant couldn’t have acquired any cash, then additionally, no case is made out to enlarge him on bail. The court docket rejected Salunkhe’s competition of delay in trial observing that merely delay in trial just isn’t a floor to grant bail utility in “such kind of significant matter”.
It additional stated:
“The appellant is dealing with severe cost of offering delicate info and images of Indian Military to ISI agent. In the course of the investigation, the Investigating Officer was capable of gather enough materials and proof suggesting a bigger conspiracy involving ISI brokers, posing a risk to nationwide safety with a nationwide affect and severe implications for the protection of residents. Following the alleged incident, terrorist assaults occurred, and drone and different hostile actions had been carried out in border areas by Pakistan. The applicant is alleged to have shared extremely delicate info associated to frame areas. Subsequently, contemplating the unity, integrity, and safety of the nation, private liberty alone can’t be a enough floor to permit the current bail utility, particularly when considered within the context of bigger societal curiosity. In instances involving grave expenses and extreme punishment, the Courtroom could not train its discretion in favor of the accused.”
The court docket after noting the info and circumstances noticed that granting bail to applicant would vastly hurt additional investigation qua different accused and would impede the prospects of unearthing all of the ramifications concerned in the conspiracy.
Noting Salunkhe’s “prima facie involvement” and risk of tempering with evidences as trial is in progress, the court docket dismissed the bail plea nevertheless it requested the trial Courtroom to expedite the trial.
Case title: Dipak Kishorbhai Salunke v/s State of Gujarat
