CNR MHNS010046612020 CR. No. I­191/2020, registered with Deolali Camp Police Station
under Sections 3, 4 of Official Secret Act 1923.

Order below Exh.1 in Cri. Bail Application No.1699/2020.

{ Sanjivkumar Kamal Bhagat Vs. State }

The bail application is filed under section 439 of the Code of Criminal Procedure Code ( for short ‘the Cr.P.C. ) by the applicant­accused Sanjivkumar Kamal Bhagat, arrested on 03.10.2020 in connection with C.R. No. I­191/2020, dated 02.10.2020, filed with Deolalicamp Police Station, Nashik, for the offences punishable under sections 3 and 4 of Official Secret Act, 1923. He is in magisterial custody remand since 15.10.2020.

2.The application has been preferred on the grounds that the accused is falsely implicated in this crime. He is poor labourer.

He was working on water tank at Deolali Camp. He is ready to abide with any conditions imposed by this court. He would not abscond.

He has no criminal antecedents. Hence, bail may be granted.

3.The learned APP Ms. Patil has filed say at Exh. 4. She has opposed the bail application on the grounds that the offence is very serious pertaining to National Security. The mobile phone is seized and sent to Forensic Laboratory. Its report is yet awaited.

Further investigation can be done thereafter. The applicant­accused is resident of Bihar State, he would flee from justice. He would commit similar offences. Charge­sheet is yet to be filed. Hence, bail may not be granted.

4.Heard both the sides. Perused the police papers. Learned Advocate Mr. Bhosale for the applicant­accused has submitted that the accused is a poor labourer. He was doing mason work at Deolali Camp. There are no details about the numbers of any Pakistani nationals to whom he has sent the photographs. No amount is found to be transferred in his bank account. He is innocent. He has no criminal antecedents. He would not abscond.

Hence, bail may be granted to the applicant­accused.

5.Per contra, learned APP Ms. A.R. Patil has submitted that the offence is very serious. One used army uniform has been seized at his instance. The Forensic laboratory report is yet awaited.

The investigation is incomplete. Charge­sheet is yet to be filed. The applicant­accused has taken photographs of prohibited place of defence. Hence, the offence is very serious and bail be not granted.

6.Amidst the above rival contentions it is to be decided as to whether the applicant­accused has made out a genuine case for his enlargement on bail. Before adverting to the circumstances of investigation and case, it would be appropriate to mention in short the facts leading to impleadment of the applicant­accused.

7.As per the FIR, on 02/10/2020 at about 19:30 hrs. the applicant accused was found in front of gate of Military area. The Sena Police searched his mobile phone. It was found that the applicant accused had taken photographs of army area and had forwarded the same to Whats­App group belonging to Pakistani people. Hence, FIR was given against him by informant Onkarnath Yadav employee of Deolali Camp School of Artillery.

8.On going through the FIR it is seen that the presence of the applicant accused is mentioned in it. His act of taking photographs of the prohibited place is also mentioned in it. The more serious act on the part of applicant­accused is forwarding the photographs of prohibited Military area to Pakistani Whats­App group.

9.Investigation Officer API Mr. R.T. More is present. He has submitted that after the Forensic Laboratory report investigation pertaining to the Pakistani numbers is to be done. Therefore, considering the peculiar facts and circumstances of this case investigation is yet incomplete. The offence is serious and pertaining to National Security. Therefore, opportunity of fair and detail investigation is necessary to be given. After the Forensic Laboratory report, the interrogation of the applicant­accused may be necessary.

Hence, if the applicant accused is released on bail at this stage, it would badly hamper the investigation in progress.

10. Therefore, as the offence is serious, prima facie role of the applicant­accused is seen in this crime and as investigation is in complete. It is not a fit case to enlarge the applicant­accused on bail at this stage. Resultantly I proceed to pass following order.

O R D E R

The application filed by applicant­accused Sanjivkumar Kamal Bhagat, is hereby rejected.

(Dictated and Pronounced in open court.) Samarendra Digitally signed by Samarendra Prakashrao Prakashrao Naik Naik Nimbalkar Nimbalkar Date: 2020.12.14 15:49:14 +0530 (S.P.Naik­Nimbalkar )
14/12/2020. Additional Sessions Judge, Nashik.