The order was passed by a single bench of Justice Vinod S. Bhardwaj. According to the court, the petitioner had been in judicial custody for more than ten months, and the allegations against him were primarily based on confidential inputs and an alleged confession. The case stated that Jasbir Singh, who operates a YouTube channel named “Jaan Mahal,” was accused of communicating with Pakistan’s intelligence agency, the Inter-Services Intelligence, and sharing sensitive information, including activities of the Indian Army.
However, during the hearing, the state government failed to demonstrate any concrete evidence such as chats, messages, or contacts retrieved from the accused’s mobile phone to substantiate the claims. The defense counsel argued that the videos under scrutiny were uploaded at a time when Section 152 of the Indian Penal Code, 2023, had not yet come into force. Furthermore, the Supreme Court of India had already placed a stay on the earlier sedition law, raising serious questions about the validity of the charges.
The court also noted that prosecution under the Official Secrets Act, 1923 requires prior sanction from the central government, which had not been obtained in this case. The absence of this mandatory approval significantly weakened the prosecution’s case. Additionally, the court observed that there was no evidence indicating any financial gain by the accused or any confirmed conspiracy with a foreign agency.
Considering these factors, including prolonged custody and a clean criminal record, the court granted bail to Jasbir Singh. The ruling underscores the judiciary’s emphasis on evidentiary standards and procedural compliance in cases involving national security allegations, reinforcing that serious charges must be supported by credible and verifiable proof.
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