YouTuber facing spying charges denied bail

The court of Additional Sessions Judge Dr Parminder Kaur has dismissed the bail plea of YouTuber Jyoti Malhotra, who is facing charges of espionage and was arrested about six months ago.

Rejecting the bail application, the ASJ stated that there is a reasonable apprehension that her release could impede the ongoing investigation. Malhotra (33) was arrested by Hisar police on May 16 under provisions of the Official Secrets Act and the Bharatiya Nyaya Sanhita (BNS). She is currently in judicial custody.

In a detailed order, the court took serious note of the video shoot of Pandoh dam by her and observed, “The allegations in the present FIR are not of the common, garden variety. They relate to alleged activities prejudicial to the security, unity and sovereignty of the State — including contact and exchange of information with an official of a foreign mission, recording and retention of visual material of sensitive infrastructure (Pandoh dam and adjoining areas), alleged entry into restricted portions of a defence training area and the possession and handling of material which, if established, falls within the ambit of the Official Secrets Act and BNS provisions.”

The court stated that the statutory provisions invoked carry heavy penal consequences and were rightly treated by the prosecution as matters of national importance. The recovered digital files, including a deleted file retrieved by the forensic laboratory showing videography of the Pandoh dam and other installations, together form a chain of material facts, which the court cannot ignore at the bail stage. It further added in the judgment that these investigative results are not mere speculative assertions but are reflected in the investigation record placed before the court.

The court further stated: “The forensic material recovered from the accused’s electronic device, SMAC intelligence inputs and the circumstantial matrix of contacts with a foreign official and movements in sensitive areas collectively create a reasonable apprehension that release on bail may impede the investigation, facilitate tampering with digital evidence or otherwise be contrary to public interest and national security considerations.”

The police had earlier claimed that Pakistani intelligence operatives were attempting to develop Malhotra as an asset as she was in contact with Ehsan-ur-Rahim alias Danish, a staffer at the Pakistani High Commission, since November 2023. Danish was expelled from India on May 13 for allegedly engaging in espionage.