GAURAV ARJUN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Rathod, learned Advocate for Applicant; Ms. Deshmukh, learned SPP for Respondent - State and Mr. Dalal, learned Amicus Curiae appointed by the Court.

(2.) Present Application is filed by Applicant - Gaurav Arjun Patil under Sec. 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking regular bail in connection with First Information Report (for short "FIR") No.08 of 2023 registered with Kalachowki Police Station for offences under Ss. 3(1)(a)(c), 4, 5(1)(a)(b)(d) and 9 of the Official Secrets Act, 1923 (for short "the said Act") readwith Sec. 120-B of the Indian Penal Code, 1860 (for short "IPC"). Investigation in the matter is completed and charge-sheet has been filed before the Sessions Court, Thane which has culminated into Special Case (ATS) No.142 of 2024. There are total 4 Accused persons arraigned in the crime. Applicant before me is arraigned as Accused No.1 and is incarcerated since 13/12/2023. Accused Nos. 2 and 3 are shown as absconding accused. Accused No.4 is a 25 year old woman hailing from Kaliyaganj, West Bengal, a mobile smart card seller and crypto currency trader who transferred Rs.2,000.00 online to the Applicant at the behest of Accused No.3. Accused No.4 after being arrested initially is however dropped from the charge-sheet for want of evidence under Sec. 169 of Cr.P.C.

(3.) By order dtd. 13/3/2025 this Court appointed Mr. Dormaan J. Dalal, Advocate practicing at the bar as Amicus Curiae to aid and assist the Court in the present matter.