AP High Court Denies Bail To Navy Sailor Accused Of Sharing Sensitive Information With Pakistani Agent, Cites National Security Concerns

The Andhra Pradesh High Court has refused bail to an Indian Navy sailor booked under UAPA accused of sharing confidential information on Indian Naval ships and submarines with a suspected Pakistani intelligence agent, observing that the allegations pertains to matters affecting “national security of the country.”A Division Bench comprising Justice K Suresh Reddy and Justice Tuhin Kumar Gedela noted that the appellant allegedly received Rs.4,501 for sharing such sensitive information and held that the gravity of the allegations did not warrant grant of bail. The Court said:“There is no dispute that the appellant is serving in the Indian Navy and that his place of posting is at Visakhapatnam. The allegation against the appellant is that he had communicated confidential information relating to the movements and locations of Indian Navy ships and submarines to one “Ashi Rajput @ Harish Rajput.” It is further alleged that, in consideration thereof, the appellant received an amount of Rs. 4,501/-. It is also the case of the prosecution that the mobile phone and SIM card of the appellant were subjected to forensic examination, which allegedly revealed that the appellant was in contact with the said “Ashi Rajput @ Harish Rajput,” who is stated to be a Pakistani intelligence agent.It is a matter of record that the appellant had earlier filed Crl.M.P. No. 649 of 2022 in S.C.No.39 of 2020 before the learned Special Judge, Vijayawada, seeking bail, which was dismissed by order dated 10.06.2022. Aggrieved thereby, the appellant preferred Criminal Appeal No. 399 of 2022 before this Court, which was also dismissed by judgment dated 03.04.2023 on merits. In view of the dismissal of the earlier bail application on merits, and in the absence of any change in circumstances, this Court is not inclined to re-examine the matter on merits once again...Having regard to the aforesaid facts and circumstances, particularly the nature and gravity of allegations which pertains to matters affecting the national security of the country, this Court is not inclined to grant bail to the appellant”.The petitioner had preferred the appeal against NIA Court's order refusing bail in an espionage case. The FIR was registered under IPC Sections 120-B(criminal conspiracy), 121-A (any conspiracy within or outside India to commit offenses against the State (under Section 121) or to overawe the Central or State Government by criminal force), Sections 17 (Punishment for raising funds for terrorist act) and 18(Punishment for conspiracy, etc.) UAPA and Section 3 (Penalties for spying) Official Secrets Act.According to the prosecution, the Counter Intelligence Police initially registered an FIR in November 2019 after receiving information that unidentified foreign nationals and others had conspired at Visakhapatnam, Mumbai and other places to carry out anti-national activities. Considering the seriousness of the allegations matter was subsequently transferred to the National Investigation Agency (NIA).During the investigation, the authorities allegedly conducted searches at the residences and workplaces of several accused, including Navy personnel, and seized mobile phones, SIM cards, memory cards, pen drives, bank documents and identity documents. The prosecution alleged that the appellant came into contact with online handlers through WhatsApp and Facebook and shared information relating to movements of Indian naval ships and other restricted material. It was further alleged that forensic examination of the appellant's mobile phone revealed contact with a suspected Pakistani intelligence agent, that Rs.4,501/- was credited to his account for sharing information regarding the movement of INS Deepak, and that he deleted WhatsApp and Facebook chats to avoid suspicion.Seeking bail, the appellant contended that he had remained in custody for more than six years and argued that prolonged incarceration and delay in trial justified grant of bail. Opposing the plea, the NIA submitted that the allegations involved espionage and disclosure of sensitive military information affecting national security, and that the appellant's earlier bail application had already been dismissed on merits with no subsequent change in circumstances warranting reconsideration.The court further said that merely because three of the co-accused had pleaded guilty and were awarded sentences of five years and six years of imprisonment, respectively, the appellant cannot claim parity as he has not pleaded guilty. The court also noted the submissions of the ASG on instructions, that the National Investigation Agency is taking appropriate steps to initiate further action against Accused Nos. 5, 17, and 18. He specifically submitted that the trial has already commenced, some of the witnesses have been examined, and the trial is presently in progress. The court thus, after noting the facts and circumstances particularly the nature and gravity of the allegations which pertain to matters ...

AP High Court Denies Bail To Navy Sailor Accused Of Sharing Sensitive Information With Pakistani Agent, Cites National Security Concerns

Ritika Verma

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AP High Court Denies Bail To Navy Sailor Accused Of Sharing Sensitive Information With Pakistani Agent, Cites National Security Concerns

Ritika Verma

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