Sh. Amrik Singh Gulati v. State of Himachal Pradesh through Secretary (Home), Government of Himachal Pradesh

The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? 1No For the Petitioner : Mr. Shivank Singh Panta, Advocate. For the Respondent : Ms. Ruma Kaushik, Addl. Advocate General Kuldip Singh, J (Oral) This is an application under Section 439 Cr.P.C for releasing the petitioner on bail in FIR No. 2/2011 dated 27.1.2011, registered at Police Station, CID, Bharari, Shimla, under Sections 3,5,9 of the Officials Secrets Act, 1923 and Section 120(B) IPC.

2. It has been stated that petitioner has been falsely implicated in the above case. The petitioner was arrested on

29.1.2011. The bail application of the petitioner has been dismissed earlier by learned Addl. Sessions Judge, Fast Track Court, Kangra at Whether the reporters of the local papers may be allowed to see the Judgment?Yes Dharamshala on 25.3.2011. The High Court has also rejected the bail application of the petitioner being Cr.MP(M) No. 414 of 2011 on

28.6.2011. It has been stated that case file moved from learned Judicial Magistrate Ist Class, Court No.2, Kangra to learned Sessions Court and vice versa on the question of jurisdiction for purpose of trial.

3. The petitioner and co-accused filed Cr.MP(M) No.31 of 2011 which was dismissed by the High Court on 12.1.2012. It has been held that the court of Sessions shall ordinarily try the offences under Official Secrets Act, 1923, unless a Magistrate of Ist Class is specifically and specially empowered by the State Government to try any offence under the said Act. It has been stated that till date the charge has not been framed in the case. The co-accused Bhagwan Dass has been hospitalized. The petitioner is in custody since

29.1.2011 without framing the charge. The petitioner is innocent. He has committed no offence. The allegations against the petitioner are false. The petitioner is ready to furnish bail bonds. The submission has been made for releasing the petitioner on bail.

4. The status report has been filed. It has been stated that there are three accused including petitioner. The other accused are Bhagwan Dass and Ghanshyam Guleria. It has been stated that secret information was received that Bhagwan Dass ex-serviceman an employee of the Himachal Government had been supplying confidential and secret information of the army to some foreign agent for consideration. The information was collected. The house of Bhagwan Dass was raided on 26.1.2011. A diary was taken into possession. Bhagwan Dass during interrogation disclosed that one Gurmeet Singh had asked him to provide army related information. Gurmeet had promised to pay some amount to him. Bhagwan Dass supplied army information to Gurmeet. On this, case has been registered. Bhagwan Dass was arrested on 27.1.2011. Bhagwan Dass gave the account number of his son Rajesh Kumar. It was found that Amrik Singh had deposited `14,000/- in that account.

5. Amrik Singh was joined in the investigation on 29.1.2011. It was found that he had deposited some amount in the account of Rajesh Kumar and Ghanshyam. Amrik Singh was arrested on

29.1.2011. Ghanshyam was joined in the investigation on 31.1.2011. Ghanshyam has stated that Jaish Ram had been supplying secret information to him. Ghanshyam was arrested on 31.1.2011. The computer of Ghanshyam was sent to SFSL, Junga. It has come in investigation that Ghanshyam had been supplying secret information to Jaish Ram foreign agent. The challan has been submitted in the Court on 23.4.2011. Bhagwan Dass has been operated on 15.9.2012 in Indira Gandhi Medical College for some heart ailment. The next date of hearing has been fixed on

10.10.2012. The submission has been made for rejection of the bail application.

6. Heard and perused the record. The learned counsel for the petitioner has submitted that allegation against the petitioner is of conspiracy. The petitioner is in custody since 29.1.2011. The charge has not been framed. It is not clear how much time the trial will take. The further custody of the petitioner for indefinite period will not serve any purpose. The framing of the charge has been postponed on account of ailment of Bhagwan Dass who has undergone heart operation as per the prosecution. It has been stated in the status report that as per diary and mobile phone recovered from Amrik Singh, it emerges that he had deposited some money in the accounts of Rajesh Kumar son of Bhagwan Dass and Ghanshyam Guleria from Punjab National Bank, School Bazar, Mandi.

7. The voice matching report of talk from mobile of Amrik Singh with Bhagwan Dass could not be obtained due to damage to the voice sample recording. The petitioner is already languishing in the jail since 29.1.2011. There is uncertainty of the time to be taken for completion of trial in view of illness of Bhagwan Dass. In the status report, no apprehension has been shown that in the event of bail the petitioner will flee away from the justice nor there is any allegation that he will terrorize or influence the prosecution witnesses. In these circumstances, the petitioner has made out a case for grant of bail under Section 439 Cr.P.C.

8. In view of above, the petition is allowed. The petitioner is ordered to be released on bail in FIR No.2/2011 dated 27.1.2011, registered at Police Station, CID, Bharari, Shimla, under Sections 3,5,9 of the Officials Secrets Act, 1923 and Section 120(B) IPC on his furnishing personal bond in the sum of `2,00,000/- with one surety of the like amount to the satisfaction of learned trial Court with the condition that the petitioner shall not terrorize any prosecution witnesses, he shall regularly appear in the Court during trial, unless his presence exempted by the learned trial Court. He shall not leave the country without permission of the learned trial Court.

9. The observations made in the judgment are for disposal of the bail application and same shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’. September 24, 2012 (sks) (Kuldip Singh), Judge.