Nepal national gets bail in espionage case

One-liner: The Delhi HC on Monday granted bail to a Nepalese national arrested in an espionage case for allegedly leaking sensitive information to Chinese intelligence officers.

Not named in FIR: Justice Vikas Mahajan said no useful purpose would be served in keeping petitioner Sher Singh, who was neither named in the FIR nor was any confidential document recovered from him, behind bars after the completion of the investigation, and granted him bail subject to conditions.

Released on default bail: The judge said the allegations and defence will be tested during the trial, and at this stage, it has to be noted the other co-accused, who is the main accused, have been released on default bail, while the petitioner has remained in custody since Sept 19, 2020.

Not a habitual offender: "The investigation is complete and no further recovery has to be made from the petitioner. It is also not the case of the prosecution that the petitioner is a habitual offender or he is involved in any other case," said the court.

Bail on personal bond: "In view of the above, no useful purpose would be served in keeping the petitioner behind bars. Accordingly, the petitioner is admitted to bail on his furnishing a personal bond of ₹10,000 with one surety of like amount," the court ordered.

Journo arrested: Delhi Police registered the present FIR in 2020 for the alleged commission of offences under the Official Secrets Act and arrested Delhi-based freelance journalist Rajeev Sharma on Sept 14, 2020.

Hawala channels: The prosecution claimed according to inputs received from an Indian intelligence agency, Sharma was receiving funds from his handler through hawala channels and the Western Union Money Transfer platform for conveying sensitive information, having a bearing on National Security and foreign relations, through electronic means.

• Subsequently, the petitioner was also apprehended for being part of the conspiracy

Bail opposed: Police opposed the bail plea of the petitioner contending that the offences affect the sovereignty and integrity of the nation, and being a citizen of Nepal, he is a flight risk.

Active role in conspiracy: It claimed the petitioner played an active role in the conspiracy, and was a director in the company which was acting as a conduit to deliver cash to Rajeev Sharma.