(1.) THE petitioner has filed the present application under Section 439 of the Code of Criminal Procedure for grant of bail. He is undergoing trial for offences under Sections 3,5 and 9 of the Official Secrets Act of 1923 read with Section 120 -B of the Indian Penal Code.
(2.) THE petitioner was arrested on 23rd August 1989 on the basis of a complaint lodged against him by the Deputy Commissioner of Police (Special Branch), New Delhi. Thus the petitioner is in custody for nearly five years. The charge was framed on 4th April, 1990 and since then the case is proceeding on prosecution evidence which has not been completed so far.
(3.) ON the other handle counsel for the State has emphasised the serious nature of the offence the petitioner is stated to have committed. He has referred to various paragraphs of the complaint filed against the petitioner to show the gravity of the offence alleged to have been committed by the petitioner.