A court in Hisar district, Haryana, has rejected the bail plea of YouTuber Jyoti Malhotra. She was arrested in May on suspicion of espionage. The court said there is a reasonable concern that her release on bail could obstruct the ongoing investigation.
Hisar police had arrested Malhotra (33), who runs the YouTube channel 'Travel with JO', on May 16 under the Official Secrets Act and the Bharatiya Nyaya Sanhita (BNS). She is currently in judicial custody.
In its detailed order, the court of Additional Sessions Judge Dr. Parminder Kaur dismissed her regular bail application.
The court said, “There exists on the record a prima facie case of considerable gravity under the Official Secrets Act and the BNS provisions relied upon; the forensic material recovered from the accused's electronic device, the SMAC (multi-agency centre) intelligence inputs and the circumstantial matrix of contacts with a foreign official and movements in sensitive areas collectively create a reasonable apprehension that release on bail may impede the investigation, facilitate tampering with digital evidence, or otherwise be contrary to the public interest and national security considerations.”
The court noted that public interest and national security are especially important when allegations, if proven, could harm the sovereign interests of the state.
“Courts must be mindful that bail is not to be granted if it would be a danger to public order, security or if it would result in the accused being in a position to frustrate the process,” the order said.
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