Lack of corroborative evidence, clean antecedents, and prolonged custody lead to bail for Jasbir Singh amidst allegations of sharing sensitive information.
In a significant development, the Punjab and Haryana High Court has granted regular bail to Jasbir Singh, a YouTube vlogger accused under the Bharatiya Nyaya Sanhita, 2023, and the Official Secrets Act, 1923. The decision was rendered by Justice Vinod S. Bhardwaj on April 20, 2026, following the consideration of several critical factors, including the absence of substantial corroborative evidence and the petitioner's prolonged custody exceeding ten months.
The petitioner, Jasbir Singh, known for his YouTube channel "Jaan Mahal," was arrested on June 3, 2025, based on allegations of sharing sensitive information with Pakistan's intelligence agency, ISI. The charges included Sections 152 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3, 4, and 5 of the Official Secrets Act, 1923. However, the court noted a lack of independent evidence to substantiate these claims, with the case primarily resting on secret information and a confessional statement.
A pivotal argument in Singh's defense was that some of the incriminating videos were uploaded before the enactment of the Bharatiya Nyaya Sanhita, 2023, and thus could not be retroactively penalized. Furthermore, the prosecution's inability to demonstrate any communication or overt act indicative of culpable intent, coupled with Singh's clean criminal record, significantly influenced the court's decision.
The court also addressed the procedural invalidity of the arrest under the Official Secrets Act, highlighting that cognizance of such offences requires a complaint by or under the authority of the Central Government, which was absent in this case. Consequently, the proceedings initiated by the State of Punjab were deemed unauthorized.
The decision to grant bail was further supported by the absence of any evidence indicating that Singh had received pecuniary benefits or acted in concert with any foreign agency. The prosecution could not produce material proving that the uploaded content was classified or restricted, as the videos were of publicly accessible locations.
Justice Bhardwaj, while granting bail, imposed conditions on Singh to prevent any undue influence on prosecution witnesses. The court clarified that the observations made in the bail order should not be construed as expressions on the merits of the case, which remains pending for trial.
Bottom Line:
Regular bail granted to a YouTube vlogger accused under Bharatiya Nyaya Sanhita, 2023 and Official Secrets Act, 1923, on the basis of lack of corroborative material, arguable legal issues, clean antecedents, and prolonged custody.
Statutory provision(s):
- Bharatiya Nyaya Sanhita, 2023, Sections 152, 61(2)
- Official Secrets Act, 1923, Sections 3, 4, 5, 13
Jasbir Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2890851
