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Synopsis

The Delhi High Court on Monday dismissed a bail application filed by a Nepalese citizen accused of passing on sensitive information to Chinese Intelligence.

A bench of Justice Anu Malhotra said that "in view of the gravity of the offence affecting the national security of the country, there is no ground for grant of bail and the bail application is declined."

The bench was hearing a bail application filed by one Sher Singh in an espionage case wherein he was apprehended after an FIR was filed by the Special Cell of the Delhi Police in September 2020 based on information provided by a co-accused and on the charges of criminal conspiracy under the IPC and the Official Secrets Act.

The allegations leveled against Singh are of him being involved allegedly as a co-director of one of the Chinese companies through whom the information falling within the ambit of secret/confidential/sensitive documents was being shared.

Singh submitted that he had been falsely implicated in the instant case and that he is uneducated, illiterate, is a citizen of Nepal and has been residing in India for a substantial period, and had come to India to find a suitable job to cater to the needs of his family which is totally dependent on him.

However, the State submitted that a report from the Defence Department of India was sought regarding the sensitive/confidential documents recovered from the house of accused Rajeev Sharma whereby a reply was received as “Yes” and that the documents are classified as "CONFIDENTIAL".

While dismissing the bail application, the Court noted, "There was a conveyance of documents classified as “Confidential” being conveyed by the company of which Singh was one of the co-directors".

Case Title: Sher Singh @ Raj Bohara Vs. State (NCT of Delhi)