Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Punjab and Haryana High Court: While considering a petition for bail filed by a YouTuber having a channel by the name of “Travel-with-Jo” under Section 483, Nagarik Suraksha Sanhita, 2023 (BNSS) alleged to have contacts with the operatives of Pakistan Intelligence Agency through social media platform, a Single Judge Bench of Surya Partap Singh, J., held that the offences involved were of very serious nature of offence, thus, refused to grant bail to the Youtuber.
Background
In the present case, in response to information received from the Office of Superintendent of Police, the Station House Officer (SHO) made inquiries from the Youtuber regarding her visit to Pakistan wherein she came in the contact of Ehsan-Ur-Rahim alias Danish, an Official of Pakistan High Commission at Delhi.
The Youtuber sated that when she visited Pakistan on two occasions, at the instance of “Ehsan-Ur-Rahim alias Danish” she met “Ali Ahwan” who made arrangements for her stay and travel in Pakistan. He also arranged d her meetings with the officers of Pakistan Security & Intelligence Agency, and that she met there with “Shakir” and “Rana Shahbaz”. She further disclosed that once she returned to India, she continued to be in touch with the above said persons through “WhatsApp”, “Snapchat”, “Telegram” and other social media platforms to an extent that she also passed on various important and sensitive information to the said persons.
The respondent contended that in addition to video-footages of “Pandoh Dam”, the Youtuber also collected the details through videography of “Munnabau Railway Station”, “CRPF Centre” and passed on the sensitive information to Pakistan Intelligence Agency.
Thus, an FIR for the commission of offence punishable under Sections 3, 4 and 5, Official Secrets Act, 1923 (Secrets Act) and Section 152, Nyaya Sanhita, 2023 (BNS) got registered.
Analysis and Decision
The Court noted that there had been an effort on the Youtuber’s part to delete information about conversations and transmission of information to the operatives of Pakistan Intelligence Agency. Further, the Court stated there was ample evidence, collected by the investigating agency, regarding Youtuber’s involvement in the commission of crime and that she had made confession which led to the discovery of facts related to the case at hand.
Considering the presumption of Section 4, Secrets Act, the Court held that Youtuber’s involvement in the commission of crime was prima facie established. Further, the Court stated that he was not entitled to bail since the allegations against her were for the commission of very serious nature of offence, that is, indulging in anti-national activities and passing on sensitive information to the neighboring country. Thus, the Court dismissed the petition.
[Jyoti Rani alias Jyoti Malhotra v. State of Haryana, Criminal Misc. No. M-68099 of 2025, decided on 7-3-2026]
Advocates who appeared in this case:
For the Petitioner: Ravinder Singh Dhull and Navnit Sharma, Advocates
For the Respondent: Ramender Singh Chauhan, Assistant Advocate General