Principal Sessions Judge Jammu Sanjeev Gupta rejected the bail application of Pankaj Sharma of Tarore, Samba who was working as an operative of Pakistani intelligence agencies.
As per the allegations made in the charge sheet, the Incharge Police Post Narwal received a source information on 04.03.3020 to the effect that petitioner-accused used to sent photographs of the vital installations of Indian territory through face book messenger to Pakistan ISI agency in lieu of money affecting the security, integrity and sovereignty of the country. On this information a case FIR No: 78/2020 under section 121 IPC & 3 EAO was registered by Police Station Bahu Fort against the accused. The petitioner-accused on the same day was apprehended near bypass road Narwal riding on a Motorcycle No: JK21C-5261, who was taken into custody and subjected to interrogation during the course of which he has disclosed that he is working as accounts assistant with one Vasu Sharma at Narwal Mandi and he came into contact with one Captain Jyoti Sharma on being introduced by his neighbour namely Balwinder Sharma, an army personal, and thereafter he added Captain Jyoti Sharma to his face book friends and started chatting with her who told him that she was on peace mission at Sudan and presently holding the rank of captain in the Indian Army. It was further disclosed by the petitioner-accused that both of them developed liking for each other by sharing photos and posts on face book and became very close friends in a very short span of time. The petitioner-accused also disclosed that after few months captain Jyoti Sharma introduced her senior namely Major Amit Sharma on face book messenger and they too became very close friends.
It is alleged that on the persuasion of Major Amit Sharma petitioner-accused started sending pictures of the vital installations which include Tarore Bridge at National Highway, AIIMS construction site etc., so that they can be highlighted in media at Sudan, in lieu of which petitioner-accused received an amount of Rs. 6000/- on 27.04.2015 in his SBI account. It is further alleged that petitioner-accused had sent pictures of Samba City, Bari Brahamna, Ujj Bridge, Vijaypur market, Bari Brahmna, Railway Station, Ghagwal Bridge, Pargwal Nallah, movement of army before the Balakote strike and pictures of Trains boarded with army personnel at Railway Station Bari Brahmna. One Mobile Phone of Samsung make with a Sim card and one Laptop of Lenovo make were seized from the possession of the petitioner-accused which after resealing were sent to CFSL Chandigarh for analysis.
It further came to fore in the investigation from the account statement obtained from SBI Bank Bari Brahmna and Jammu and Kashmir Bank Patli Morh Samba, that there were 14 suspicious transactions of different amounts on various dates credited into the SBI bank account of the petitioner-accused amounting to Rupees 1,23,000/- through NEFT mainly from Dubai and also from two suspicious persons namely Srinivas Nyavana and Mohd Nizamud both residents of Dubai and also from one Amol Asaram Sakhara R/o Khalapuri, Maharashtra. Out of these 14 transactions 03 transactions could not be traced for which I.O has written one letter to RBI Jammu and the reply is still awaited. The investigation culminated into the filing of the final report in this court after it was established that petitioner-accused was lured by captain Jyoti Sharma(fake Id) and Major Amit Sharma also(fake Id on face book) to sent pictures of the roads, vital installations, bridges, hospital, roads, leading roads towards border and army installations in lieu of money. However, after coming to know that the aforesaid fake Ids were enemy agents, the petitioner-accused had deleted his every chat with them. The other accused named in the charge sheet had conspired with the petitioner-accused to sent aforesaid information to the enemy agents but they cannot be arrested. The report of the CFSL Chandigarh is still awaited for analysis.
Principal Sessions Judge Jammu Sanjeev Gupta after hearing Public Prosecutor Kulbhushan Sharma for the UT observed that the crime for which the petitioner-accused has been indicted was committed by him in pursuance to a well hatched conspiracy with the other accused, which is a serious offence having grave ramifications so far as the defence of our country is concerned. The petitioner-accused took money from unknown persons without bothering to ascertain about their actual identity and locations for monetary enrichment. The investigation shows that petitioner-accused had received an amount of Rs. 1,23,000/- on different dates in his bank account in lieu of passing sensitive information. By his act, petitioner-accused compromised the security of the country and it is a crime with very wide and huge repercussions for the entire nation. With these observations, the Court rejected the bail application. JNF