
Odisha HC grants bail to DRDO espionage case accused after nearly four years in jail
Justice Gourishankar Satapathy delivered the judgment noting the prolonged pre-trial detention and absence of any misuse of earlier interim bail granted to him.
However, Behera who is lodged in Balasore jail has not been released as on date, as the bail conditions have not been complied so far. Behera was ordered to furnish a bail bond of Rs 5 lakh with two solvent sureties and compliance with several conditions, including fortnightly attendance at the local police station for six months and a ban on leaving the trial court's jurisdiction without permission.
He must also keep the court and investigating agency informed about his residence and contact details. Advocate Ashutosh Mishra argued on behalf of Behera.
The espionage case is pending before the 3rd Additional Sessions Judge in Balasore. Behera, a contractual AC operator at ITR, was arrested in September 2021 along with several others on charges of spying for a Pakistani handler after allegedly being honey-trapped.
The case, initially investigated by Odisha police and later transferred to the State CID-Crime Branch, involves allegations of compromising national security by passing sensitive missile testing information to foreign nationals.
In his judgment, Justice Satapathy emphasised that bail should not be denied merely due to the gravity of the allegations, particularly when the accused has already spent a significant time in custody and the trial has not progressed.
'If the state is unable to provide a speedy trial, it should not oppose bail on the ground of seriousness of the offence,' he observed, citing Article 21 of the Constitution.
The judge highlighted that Behera had earlier availed interim bail on two occasions and had not misused the concession. Given the delay in trial proceedings and the bail granted to co-accused Sachin Kumar Chhata and Tapas Ranjan Nayak, the court ruled that Behera had made out a strong case for bail.
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