The Court of Additional Special Mobile Magistrate, Kralpora, has dismissed Bail Application Nos. 05/2026 and 06/2026 filed by accused Parvez Ali Hyderi and Vishnu Yadav in connection with FIR No. 11/2026 registered at Police Station Kralpora under Section 3 of the Official Secrets Act.
The FIR was registered on complaint of Army officials alleging that the accused were found in suspicious circumstances near a sensitive defence location at Pharkiyan Gali. During preliminary examination, a mobile phone allegedly recovered from one of the accused reportedly contained photographs of sensitive defence installations, arms, and ammunition. The prosecution further alleged that certain images were shared with a Pakistan-based number, raising concerns regarding national security.
The investigation is ongoing, and the seized electronic devices have been sent to the Forensic Science Laboratory (FSL) for expert examination. The FSL report is awaited.
While considering the bail applications, the Court examined:
The gravity and seriousness of the allegations.
The nature of the offence under Section 3 of the Official Secrets Act, which carries punishment up to fourteen years where the offence relates to defence establishments.
The stage of investigation, including pending forensic examination.
The potential implications on national security.
The Court observed that offences involving alleged transmission of sensitive defence-related material and cross-border linkages stand on a distinct footing and require a cautious judicial approach. It emphasized that while personal liberty is a cherished constitutional right, it must be balanced against the larger interest of national security and societal concerns.
The Court further noted that the duration of custody at this stage was not sufficient to outweigh the gravity of the allegations, particularly when investigation remains incomplete.
It is further observed that the Court is conscious of the fact that allegations
involving suspected transmission of sensitive defence-related material to
handlers situated in a hostile country directly impinge upon the institutional
integrity and operational security of the defence forces. Any conduct that
potentially undermines the operational secrecy of defence establishments
directly impacts not only military preparedness but also the morale and
safety of personnel deployed in sensitive zones. Such allegations, at least at
the prima facie stage, warrant strict scrutiny while considering the prayer for
bail.
After considering the material on record and arguments advanced by both sides, the Court held that the accused persons do not deserve the concession of bail at this stage.
Accordingly, both bail applications were dismissed on 26.02.2026.
