Gujarat High Court: In a successive bail application under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’), in connection with an FIR registered with the Anti-Terrorism Police Station, Ahmedabad for offences punishable under Section 66 F(1)(B) of the Information Technology Act, 2000 (‘IT Act’), M. R. Mengdey, J., dismissed the bail application holding that there was evidence on record to show that the applicant had shared national sensitive information with a lady in Pakistan.
Background
In the present case, the investigation has been completed and a charge sheet has been filed. The applicant herein has been accused of sharing some confidential national information with a woman who was located outside India, specifically in Pakistan. The applicant argued that a communication dated 27-2-2023, sent by the Head of the P & GA Department of Space, Space Applications Centre, to the investigating officer (Police Inspector, ATS, Gujarat State) suggested that the information in question was neither secret, confidential, nor sensitive, and did not pertain to the safety, security, or intellectual property of the country, therefore, he contended that the applicant did not share any confidential information or any information that could impact national safety and security.
It was further submitted that he was unaware that the woman he was communicating with was not located in India and that he had only sent selfies taken at his workplace, and no other information was transmitted to the woman. The applicant pleaded with the Court that he had a 17-year long career with the Department of Space, Space Applications Centre, ISRO, Ahmedabad and overall had a good reputation in the society and that keeping him in jail indefinitely would serve no useful purpose.
The application was opposed by the State, who argued that the applicant had taken photographs of the premises of the Space Applications Centre, ISRO, Ahmedabad, and sent them to a woman in Pakistan. It was further contended by the State that the information forwarded by the applicant was sensitive, hence, the application for bail should be dismissed.
Decision and Analysis
Upon consideration of the submissions by the parties and perusal of the evidence on record, the Court noted that on an earlier occasion the applicant had preferred a criminal application, after filing of the chargesheet, which was withdrawn with liberty to file fresh application after a period of six months, if the trial was not concluded. The Court further noted that trial had already commenced in the present matter and several witnesses had been examined, however, circumstances remained unchanged.
The Court, alluding to the exchange between the applicant and the lady, said that a bare perusal of the same would indicate that the files and images forwarded by the applicant to the lady in Pakistan were indeed related to the Space Applications Centre, ISRO, Ahmedabad, and were taken without the requisite permission of the authorities of the Space Applications Centre, and neither did the applicant seek permission to do so.
The Court, therefore, dismissed the application for bail.
[Kalpeshkumar Babubhai Turi v. State of Gujarat, 2024 SCC OnLine Guj 2538, decided on 10-06-2024]
Advocates who appeared in this case:
Advocates for the Applicant: Shalin Mehta, Sr. Adv., Vicky B Mehta, Palak G Jadeja, Advocates
Advocate for the State: J.K. Shah, APP.
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