Punjab & Haryana High Court Grants Bail in Alleged Pakistan Spy Case Citing Lack of Evidence
The Punjab and Haryana High Court has granted regular bail to a resident of Patiala who was accused of transmitting sensitive information to a suspected Pakistani operative. The court's decision came after noting that the prosecution could not point to specific material demonstrating that the accused had actually passed confidential or sensitive data.
Background of the Case and Allegations
The accused had been in custody for nearly eight months following an FIR registered at police station Bhadson in district Patiala on July 29, 2025. The prosecution's case was built on "secret information" indicating that the accused was in constant contact with a female individual using the social media handle ‘Punjabi Kuri'. Investigations revealed that the Facebook profile linked to this ID was traced to Karachi, Pakistan.
Authorities alleged that the accused used his mobile phone to transmit sensitive and "secret information" to this individual, potentially compromising national interests. Consequently, he was charged under Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 3, 4, and 5 of the Official Secrets Act, 1923.
Court Proceedings and Key Arguments
During the bail hearing, the counsel for the petitioner argued that the accused had been "falsely implicated." They contended that mere communication with someone in a neighboring country does not automatically amount to transmitting sensitive data. The investigating officer present in court admitted that they were unable to identify any specific material on record proving that the accused had actually transmitted confidential or sensitive information.
Justice H S Grewal observed: "Mere presumption or suspicion raised by the prosecution regarding transmission of secret information... does not, at this stage, substantiate the commission of the alleged offence." The court emphasized that at the bail stage, the prosecution cited "secret information" but did not produce forensic digital evidence such as intercepted logs or deleted data recovery, which weakened the state's opposition to the accused's release.
Court's Rationale for Granting Bail
The court noted that the investigation had progressed to the stage where the "challan" had been presented, but the trial was likely to take a considerable amount of time. It held that continued detention would "not serve the ends of justice" and ordered the accused's release on regular bail, subject to furnishing the requisite bail and surety bonds.
This case was processed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically Section 483, which replaced the Code of Criminal Procedure. The decision underscores the judiciary's focus on concrete evidence over mere suspicion in matters involving national security allegations.
