Chandigarh: A Hisar court has denied bail to social media influencer Jyoti Malhotra , arrested on suspicion of espionage, observing there was reasonable apprehension that her release might impede investigation.
Jyoti, 33, was arrested by Hisar police on May 26. After five days in police custody, she was remanded in jail, where she remains. In its detailed order released Friday, court relied on inputs provided by Subsidiary Multi-Agency Centre (SMAC). "Public interest and national security considerations assume special significance where the allegations, if established, would impair the sovereign interest of State," it noted.
"There exists on the record a prima facie case of considerable gravity under OSA and BNS. Forensic material recovered from accused's electronic device, SMAC intelligence inputs and circumstantial matrix of contacts with a foreign official and movements in sensitive areas collectively create a reasonable apprehension that release on bail may impede investigation, facilitate tampering with digital evidence, or otherwise be contrary to public interest and national security," additional sessions judge Parminder Kaur said.
On Jyoti's contention that she voluntarily met police when summoned, the judge observed cooperation at an early stage might be indicative of innocence in some cases but it could "equally be consistent with other explanations" and "does not displace the documentary and forensic material relied upon by the investigating officer".
On the contentions of her counsel that intelligence inputs were "untested" and prosecution failed to produce direct evidence of communication or transmission of sensitive material to foreign agents, the judge held while it was true that matters ultimately must be tested at trial and that the accused had the right to contest the allegations, a court must view the totality of evidence while considering bail. As per initial probe, Jyoti was allegedly in touch with Danish, an employee of Pakistani High Commission, since Nov 2023.
Jyoti, 33, was arrested by Hisar police on May 26. After five days in police custody, she was remanded in jail, where she remains. In its detailed order released Friday, court relied on inputs provided by Subsidiary Multi-Agency Centre (SMAC). "Public interest and national security considerations assume special significance where the allegations, if established, would impair the sovereign interest of State," it noted.
"There exists on the record a prima facie case of considerable gravity under OSA and BNS. Forensic material recovered from accused's electronic device, SMAC intelligence inputs and circumstantial matrix of contacts with a foreign official and movements in sensitive areas collectively create a reasonable apprehension that release on bail may impede investigation, facilitate tampering with digital evidence, or otherwise be contrary to public interest and national security," additional sessions judge Parminder Kaur said.
On Jyoti's contention that she voluntarily met police when summoned, the judge observed cooperation at an early stage might be indicative of innocence in some cases but it could "equally be consistent with other explanations" and "does not displace the documentary and forensic material relied upon by the investigating officer".
On the contentions of her counsel that intelligence inputs were "untested" and prosecution failed to produce direct evidence of communication or transmission of sensitive material to foreign agents, the judge held while it was true that matters ultimately must be tested at trial and that the accused had the right to contest the allegations, a court must view the totality of evidence while considering bail. As per initial probe, Jyoti was allegedly in touch with Danish, an employee of Pakistani High Commission, since Nov 2023.
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