Barkat Ali Zaidi - (1.)-The applicant accused seeks bail consequent upon rejection of his bail application by Sessions Judge, Rampur. He is charged under Section 3/9, Official Secrets Act, 1923 and Section 120B/121A, Indian Penal Code.
(2.)HEARD Sri Hari Dutt Sharma advocate for the applicant, and Sri Ashok Verma, Addl. Government Advocate for the State.
In order to see the prosecution allegations in details, a perusal of the first information report is necessary. Reference to the prosecution allegations will be made only briefly. On information being received by the police authorities that the accused-applicant was sending and trying to send information to Pakistan about military affairs of his country through internet, the accused was apprehended when he was going to a cafe to send informations through internet. Two papers with some writing which is said to be written under a secret code, have been recovered, from his possession, and that, he admitted having been to Pakistan, and that training was imparted to him to collect the military information and transmitting it, to Pakistan.

As regards the statement of the accused to the police about going to Pakistan and having received training there, the same is inadmissible in evidence.

(3.)WE are left only with the two papers written under same code which have not been decodified, as yet and cannot, therefore, be considered incriminating for the present.
However, it is possible that the prosecution subsequently get the documents decodified, and the trial court may be able, to comprehend, what they signify?