Allegations of Espionage Fail to Stand as Prosecution Could Not Establish Motive; Trial Deferred for Want of Sanction
In a significant legal development, the Punjab and Haryana High Court, presided over by Justice Vinod S. Bhardwaj, granted regular bail to Davender Singh alias Davinder Singh, who was accused of espionage under Sections 152 and 238(B) of the Bharatiya Nyaya Sanhita, 2023, and Section 5 of the Official Secrets Act, 1923. The decision was rendered on April 1, 2026, in the case identified as CRM-M-56269 of 2025.
The allegations stemmed from a First Information Report (FIR) registered at Police Station Cyber Crime, Kaithal, District Kaithal, on May 15, 2025. The FIR was based on a disclosure statement by Singh during interrogation, implicating him in espionage activities with contacts in Pakistan. It was alleged that Singh shared sensitive information about Indian Army movements and attempted to involve others in espionage activities.
However, the court found several critical gaps in the prosecution's case. The prosecution failed to provide corroborative evidence to substantiate the claims of espionage and information sharing with foreign entities. Furthermore, the prosecution could not establish a motive for Singh's alleged actions, as there was no evidence of pecuniary gain or radicalization.
A pivotal argument made by Singh's defense was the lack of prosecution sanction under the Official Secrets Act, 1923, which is mandatory for initiating proceedings. Despite the investigation being concluded, the trial could not commence due to the absence of such sanction from the Government of India, which had been pending since July 2025.
The defense also highlighted the absence of any material evidence apart from Singh's self-incriminating disclosure statement, recorded while in custody. The mobile phone, allegedly used to share sensitive information, had been in police custody in connection with an earlier FIR related to the Arms Act, and no new recoveries were made in the espionage case.
Justice Bhardwaj, considering Singh's clean antecedents, the period of custody, and the lack of evidence, deemed it appropriate to grant bail. The court ordered Singh's release on regular bail subject to conditions imposed by the trial court, emphasizing that Singh must not threaten or influence prosecution witnesses.
The court's observations were careful not to prejudice the merits of the case, leaving the trial court to decide based on the evidence available.
Bottom Line:
Bail granted in a case involving allegations of espionage under Sections 152, 238(B) of the Bharatiya Nyaya Sanhita, 2023, and Section 5 of the Official Secrets Act, 1923, considering the failure of the prosecution to provide corroborative evidence, absence of motive, and lack of prosecution sanction under the Official Secrets Act.
Statutory provision(s): Sections 152, 238(B) of Bharatiya Nyaya Sanhita, 2023, Section 5 of the Official Secrets Act, 1923, Sections 3, 4 of the Official Secrets Act, 1923, Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
