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The bench noted that, prima facie, it was evident that Nishant Agarwal had downloaded sensitive information onto a private laptop and had accepted a friend request sent from Pakistan
The Bombay High Court has rejected the bail application of Nishant Agarwal, a former engineer at BrahMos Aerospace Pvt Ltd, who was convicted of leaking sensitive information about the BrahMos missile to Pakistan's intelligence agency.
The division bench at Nagpur, comprising Justice Vinay Joshi and Justice Vrushali Joshi, was hearing Agarwal's application seeking suspension of his sentence pending appeal.
Agarwal was arrested by the Anti-Terrorism Squad (ATS) of Maharashtra and Uttar Pradesh. He was charged under the Official Secrets Act, the Indian Penal Code, and the Information Technology Act.
In June 2024, the trial court convicted Nishant Agarwal and sentenced him to life imprisonment for leaking sensitive information about the BrahMos missile to Pakistan's intelligence agency.
Agarwal contended that he had mistakenly downloaded a malware application while searching for a job, which led to the leak.
However, the Bombay High Court, while rejecting his bail application, emphasized the gravity of the crime, stating that it posed a serious threat to national security.
"The issue largely relates to security and safety of the country, which has to be seriously viewed. The impact of crime may pose a serious threat to the National security. In our view, when the question of National security and safety arises, it is quite serious than the cases of gruesome murder. In the circumstances, we are not prepared to take a risk to put the National security and safety at risk," the order reads.
The bench noted that, prima facie, it was evident that Nishant Agarwal had downloaded sensitive information onto a private laptop and had accepted a friend request sent from Pakistan.
Case title: Nishant Agrawal vs ATS Lucknow
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