Punjab & Haryana High Court Grants Bail To Man Over Alleged Involvement In Espionage Activities Linked To Pakistan
The Punjab & Haryana High Court has granted bail to Davender Singh alias Davinder Singh in a case alleging involvement in espionage activities linked to Pakistan, noting the absence of material to substantiate the allegations beyond disclosure statements. The Court observed that in the absence of specific evidence showing transmission of sensitive information, continued custody was not justified.
Justice Vinod S. Bhardwaj was hearing a petition seeking regular bail in an FIR registered under provisions of the Bharatiya Nyaya Sanhita and the Official Secrets Act. The FIR arose from a disclosure statement made by the petitioner during an investigation in an earlier Arms Act case, wherein it was alleged that he had travelled to Pakistan in November 2024, established contact with certain individuals, and shared information relating to movements of the Indian Army through electronic means.
The petitioner contended that he had travelled only for a pilgrimage, remained within Gurudwara premises, and that no material evidence existed apart from the alleged disclosure statement, while the State asserted that he had remained in contact with persons in Pakistan and had shared sensitive information.
The Court examined the material placed on record and noted that apart from the disclosure statement, there was no material to show that any information, video or photographs had been transmitted or shared by the petitioner with any person.
During the course of the hearing, the Court put specific queries to the State regarding the nature of material collected, the period of alleged communication, the basis for treating the contact as linked to intelligence agencies, and whether any evidence existed to show sharing of information. The State was unable to point out any material indicating that any such information had been transmitted or that any pecuniary benefit or motive existed for the alleged acts.
The Court also noted that there was no clarity regarding the nature or timing of the video allegedly found in the petitioner's mobile phone, nor any material to show that it had been shared. It further recorded that the petitioner was not involved in any other criminal case apart from the present FIR and the earlier Arms Act case.
On the issue of proceedings under the Official Secrets Act, the Court noted that a sanction from the Government of India had not been granted despite the lapse of time, and that in the absence of such a sanction, the trial could not commence.
Taking into account the nature of allegations, absence of material evidence, the period of custody, clean antecedents of the petitioner, and the fact that the trial could not proceed for want of sanction, the Court held that the petitioner was entitled to the concession of bail.
Accordingly, the High Court allowed the petition and directed the release of the petitioner on regular bail subject to the furnishing of bail bonds and compliance with conditions, including that he shall not threaten or influence prosecution witnesses.
Case Title: Davender Singh @ Davinder Singh vs. State of Haryana [CRM-M-56269-2025 (O&M)]