The Rajasthan High Court recently released a man accused under the Official Secrets Act (OSA) for allegedly sharing military information with Pakistani Intelligence through social media in the case of Vikas Kumar vs State of Rajasthan.
Justice Anil Kumar Upman, a single judge, highlighted a delay by the prosecution in completing the trial as required under section 437(6) of the Criminal Procedure Code (CrPC). This section mandates that in non-bailable offenses triable by a Magistrate, if the trial isn't concluded within 60 days from the first date set for recording evidence, the accused must be granted bail, with the Magistrate providing reasons for denial if applicable.
The judge emphasized that 60 days had passed from the initial evidence recording date, and only two out of 37 witnesses had been examined. The delay was not attributed to the applicant, and the judge stated that the prosecution's sluggish approach violated the petitioner's fundamental right to a speedy trial under Article 21 of the Constitution of India.
The judge noted that the trial had not been completed within the stipulated time, and its conclusion would take a long time. Consequently, the court granted bail to the accused.
The FIR alleged that Vikas Kumar, employed in Gangapur Army Area, was in contact with Pakistani Intelligence through social media, providing them with confidential military information. He was charged by the CID branch of the Jaipur Police on September 7, 2020, under sections 3 (spying) and 3/9 (sharing secret information with enemies) of the Official Secrets Act 1923 and Section 120B of the Indian Penal Code (criminal conspiracy).
The judge pointed out that the petitioner, facing trial before the Magistrate Court, couldn't be sentenced to more than seven years. The petitioner had been in custody since June 8, 2020, and had already served half of the maximum sentence for potential conviction.
Only two witnesses had been examined in the last six months since the first date set for prosecution witnesses, leading the court to grant bail to the petitioner based on these considerations.
