Cannot Continue To Suffer In Jail Without Any Purpose: J&K High Court Grants Bail To Newspaper Owner Accused Of Circulating Sensitive Information

Admitting him on bail Justice Rahul Bharti observed that keeping Bahl in jail without any specific investigative purpose related to him amounted to treating him as a convict from the outset.

The case stems from accusations that Bahl disseminated a secret document listing 57 "protected persons" whose security cover was recently withdrawn by the Jammu and Kashmir administration. This list included journalists, politicians, and retired police officials.

The charges against Bahl were severe, citing offences under Section 3 (penalties for spying) and Section 5 (wrongful communication, etc., of information) of the Official Secrets Act 1923, and Section 353 (public mischief) of the Bharatiya Nyaya Sanhita (BNS).

During the hearing of the interim bail application Justice Bharti emphasized that Bahl's continued detention served no definite investigative purpose, particularly since the investigation had shifted focus to the police establishment from where the sensitive information allegedly leaked.

Justice Bharti remarked, "A good police investigation is supposed to chase the evidence gathering related to a case under investigation and not to chain an accused/suspect."

The High Court, while granting bail, imposed strict conditions on Bahl, including a bail bond of Rs. 5 lakh, prohibition from leaving the Union Territory without permission, and abstaining from interfering with the investigation or influencing witnesses. He was also barred from making any publications related to the case or granting interviews to the press on the matter.

The court ordered the respondents to file a reply to the bail application within two weeks and listed the case for further hearing on August 9, 2024.

Case Title: Tarun Bahl Through Gita Sharma Vs UT of J&K & Ors.

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