The Punjab and Haryana High Court has denied regular bail to an ex-serviceman accused of contacting Pakistan-based intelligence agencies and allegedly sharing confidential information on Army movements in exchange for money, holding that the nature of the allegations was serious in nature.
Justice Manisha Batra observed that the investigation had found the petitioner to be in constant contact with Pakistan-based intelligence agencies over the phone, noting that the allegations against him were serious.
“ During the course of investigation, it has been found that the petitioner was in constant touch with intelligence agencies of Pakistan over the phone. The allegations against him are quite serious…the nature of the material collected during investigation and the larger public interest involved, this Court does not find it to be a fit case for extending the concession of regular bail to the petitioner at this stage,” the Aug 6 order said.
The order added, “The seriousness of the allegations, the nature of the material collected during investigation and the larger public interest involved, this court does not find it to be a fit case for extending the concession of regular bail to the petitioner at this stage.”
As per the allegations, a secret informer told the State Special Operation Cell in Amritsar that an ex-serviceman posted with the Defence Service Corps at Air Force Station, Bikaner, was allegedly in contact with Pakistani intelligence agencies through social media.
It was alleged that he was using his old army contacts in the Indian Army to collect highly confidential information regarding Army movements and other sensitive information concerning the security, unity and integrity of the country and allegedly sending it to Pakistan in exchange for money.
It was further alleged that on the day of the occurrence, he had been assigned the task of collecting information regarding enhanced Army movements in the Amritsar Cantonment area. Acting upon the secret information, the aforementioned FIR was registered, and investigation proceedings were initiated. He was arrested on February 7. Investigation now stands concluded.
Advocate Kuljit Singh Bal, appearing for the ex-serviceman, argued that he had been falsely implicated in this case and was an ex-serviceman who served in the Indian Army for nearly seventeen years with an unblemished service record.
It was submitted that he was not apprehended from any prohibited or sensitive military area but was illegally picked up from a marriage function. The allegations in the FIR are vague and general in nature and do not disclose the specific nature of the alleged confidential information, the exact mode of transmission or any concrete instance of communication with any foreign agency.
The counsel further argued that there was no material to establish that he had ever transmitted any secret information to any person. The allegation regarding receipt of Rs 3,000 was misconceived as the amount was received from another person, who is known to him and not from the alleged handler.
It was contended that the investigation already stands concluded and the challan had been presented, and the petitioner was in custody since July 7. The counsel submitted that custodial interrogation was no more required, and continued detention would not serve any useful purpose. Hence, it was urged that the petition deserves to be allowed.
Additional Advocate General Sakshi Bakshi argued that there were serious and specific allegations against the man, and that during the course of investigation, it was found that the man was in constant contact with Pakistan-based intelligence over the phone. She submitted that considering the gravity of the allegations and their bearing on national security, the ex-serviceman does not deserve the concession of regular bail. Hence, it urged the petition to be dismissed.
The court noted that the ex-serviceman was alleged to have established contact with officials of Pakistani intelligence agencies through various social media platforms and, by virtue of his previous association with the Indian Army, collected and transmitted confidential information relating to Army movements, war preparations and military formations.
Considering the serious allegations against him, the court has rejected his regular bail plea at this stage and has clarified that nothing observed herein should be construed as an expression on the merits of the case and the trial court should proceed independently.
Somya Panwar is a legal journalist at The Indian Express (Digital), where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More