Mohd.Afroz vs State of U.P.

Barkat Ali Zaidi, J.—The applicant accused seeks bail consequent upon rejection of his bail application by Sessions Judge, Rampur. He is charged under section 3/9 Official Secrets Act, 1923 and section 120B/121A Indian Penal Code.

Heard Sri Hari Dutt Sharma advocate for the applicant, and, Sri Ashok Verma, Addl. Government Advocate for the State.

In order to see the prosecution allegations in details, a perusal of the first information report is necessary. Reference to the prosecution allegations will be made only briefly. On information being received by the police authorities that the accusedapplicant was sending and trying to send information to Pakistan about military affairs of his country through internet, the accused was apprehended when he was going to a cafe to send informations through internet. Two papers with some writing which is said to be written under a secret code, have been recovered from his possession, and that, he admitted having been to Pakistan, and that training was imparted to him to collect the military information and transmitting it, to Pakistan.

As regards the statement of the accused to the police about going to Pakistan and having received training there, the same is inadmissible in evidence.

We are left only with the two papers written under same code which have not been decodified, as yet and cannot, therefore, be considered incriminating for the present.

However, it is possible that the prosecution subsequently gets the documents decodified, and the trial Court may be able, to comprehend, what they signify?

The charges are, however, serious and at this juncture we are disinclined to take the risk on releasing him on bail.

However, the trial needs to be expedited since two year have already elapsed.

The Trial Court is, therefore, directed to expedite the trial within four months, this order reaches him, and if the prosecution seeks adjournment very short adjournment will be granted. A monthly report shall be sent to High Court for the progress of the case and the Registrar General will place it before appropriate Bench for perusal. The District Judge will ensure the submission of the monthly report.

Bail, refused, for the present.

Bail Refused.