VIKAS KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a third bail application filed under Sec. 439 Cr.P.C. on behalf of the accused-petitioner who is in custody since 8/6/2020 in connection with FIR No.01/2020 registered at Police Station Special Police Station Rajasthan, Jaipur (CID Security), for offences under Ss. 3 and 3/9 of the Official Secrets Act 1923 and Sec. 120-B IPC.

(2.) The previous bail application (No.2919/2022) filed on behalf of the accused petitioner was dismissed as withdrawn by this Court vide order dtd. 8/8/2023 with liberty to file fresh bail application before the learned trial court under the provisions of Sec. 437(6) Cr.P.C. After passing of the order dtd. 8/8/2023, the petitioner preferred a bail application under Sec. 439 Cr.P.C. read with Sec. 437(6) Cr.P.C. before the learned trial magistrate. However, the learned trial magistrate dismissed the application of the accused petitioner. Thereafter, the petitioner preferred bail application under Sec. 439 Cr.P.C. read with Sec. 437(6) Cr.P.C. before the learned Sessions Court, Jaipur Metropolitan-I from where it was transferred to the court of learned Addl Sessions Judge No.8, Jaipur Metropolitan-I. However, the bail application of the accused petitioner was also dismissed by the learned Sessions Court vide order dtd. 18/9/2023. Hence, this third bail application.

(3.) Brief facts of the case are that on the basis of a typed report submitted by Sundermal, Police Inspector, CID Zone Ganganagar, an FIR No.01/2020 was registered at PS Special Police Station, CID Security against Vikas Kumar, petitioner herein and Chimanlal for offences under Sec. 3/9 of Official Secrets Act and Sec. 120-B IPC. It was alleged in the FIR that a secret information has been received to the Technical Cell of the Department that the accused petitioner, working in Gangapur Army Area is in contact with the Pakistani Intelligence through social media and he is providing military related confidential information to them, which is a threat to national security. It is also alleged that one Chiman Lal, working in Mahajan Firing Range is also indulged in such act with the accused petitioner.