Gujarat High Court Denies Bail To Man Accused Of Spying For Pakistan’s ISI Agent With Fake Facebook Account
The Gujarat Excessive Court docket whereas denying bail to a person accused of spying for an agent of Pakistan’s ISI, who was holding a faux Fb account in identify of a lady, ‘Poonam Sharma’, has noticed that there’s a bigger conspiracy at play within the matter.
The Court docket was contemplating a Bail Software looking for bail in an FIR registered for the offences below Sections 121(A) and 120(B) of the Indian Penal Code, 1860. The Court docket additionally held, whereas dismissing the bail utility, that mere delay in trial will not be a cause to grant bail in critical instances.
The Bench of Justice Hasmukh D. Suthar noticed, “The appellant is dealing with critical cost of offering delicate info and pictures of Indian Military to ISI agent. Throughout the investigation, the Investigating OJcer was capable of gather suJcient materials and proof suggesting a bigger conspiracy involving ISI brokers, posing a risk to nationwide safety with a nationwide influence and critical implications for the protection of residents. Following the alleged incident, terrorist assaults occurred, and drone and different hostile actions have been carried out in border areas by Pakistan. The applicant is alleged to have shared extremely delicate info associated to frame areas. Due to this fact, contemplating the unity, integrity, and safety of the nation, private liberty alone can’t be a adequate floor to permit the current bail utility, particularly when seen within the context of bigger societal curiosity. In instances involving grave prices and extreme punishment, the Court docket might not train its discretion in favor of the accused.”
The Applicant was represented by Advocate Kishan H. Daiya whereas the Respondent was represented by Further Public Prosecutor Manan Mehta.
Info of the Case
The Case of the prosecution was that, Dy. Commissioner of Police, Surat Metropolis, acquired secret info that the Applicant was working Fb and WhatsApp accounts and shared confidential particulars and details about the Indian Military to an ISI Agent who was residing in Karachi, Pakistan.
After preliminary inquiry, the Police discovered varied chats and confidential particulars and knowledge of the Indian Military and for sending the identical to the ISI agent, the Applicant acquired ₹75,845/- from accused Hamid and different individuals and on this regard FIR got here to be registered.
Counsel for the Applicant submitted that the Applicant is harmless and has been falsely implicated within the offence and the Trial would take a very long time as there are numerous witnesses. He averred that nothing is required to be recovered from the Applicant who’s doing the enterprise of clothes and has not related with the alleged exercise. He submitted that the pictures despatched by the Applicant are already accessible within the public area.
Alternatively, the Further Public Prosecutor submitted that the Applicant is dealing with critical prices and the Applicant was involved with a Pakistani citizen who impersonated himself as Poonam Sharma and in lieu of offering sure info, he acquired cash in his account. The APP submitted that there’s prima facie case towards the Applicant who’s concerned in transferring cash by means of hawala in numerous nations and varied WhatsApp chats and Fb messages have been discovered, whereby the Applicant was discovered interacting with Hamid. He averred that even witnesses have supported the case of the prosecution and even statements recorded below Part 164 of Cr.P.C, involvement of the Applicant is discovered and even different co-accused are but to be intercepted and investigation is happening.
Reasoning By Court docket
The Court docket noticed that contemplating the position and allegations levelled towards the Applicant, it seems that the query of nationwide safety is extra necessary than the financial acquire and subsequently, even when the Applicant couldn’t have acquired any cash, then additionally, no case is made out to enlarge the accused on bail.
“Merely there may be delay in trial will not be a floor to grant bail utility in such sort of great matter“, the Court docket noticed.
It went on to state that after the submitting of the cost sheet, the case of the prosecution has been strengthened. Reference was made to Apex Court docket’s choice within 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 submitting of the cost sheet doesn’t in any method reduce the allegation, however is simply a beauty change.
The Software was accordingly dismissed.
Trigger Title: Dipak Kishorbhai Salunke vs. The State of Gujarat (2025:GUJHC:34366)
