Court in Kupwara Declines Bail to Non-local Duo in Official Secrets Act Case

Kupwara: The Court of Additional Special Mobile Magistrate in Kralpora Kupwara Thursday dismissed bail applications of two Uttar Pradesh residents booked under Section 3 of the Official Secrets Act.

The case was registered on a complaint by Army officials against Parvez Ali Hyderi and Vishnu Yadav in connection with FIR No. 11/2026 registered at Police Station Kralpora, alleging that the accused duo were found in suspicious circumstances near a sensitive defence location at Pharkiyan Gali. During preliminary examination, a mobile phone recovered from one of the accused allegedly contained photographs of defence installations, arms and ammunition. The prosecution further stated that certain images were shared with a number based in Pakistan, raising serious national security concerns.

The investigation remains in progress. Seized electronic devices have been sent to the Forensic Science Laboratory for examination and the report is awaited.

While hearing Bail Application Nos. 05/2026 and 06/2026, the court examined the gravity of the allegations, the nature of the offence under Section 3 of the Official Secrets Act which carries punishment up to fourteen years in cases relating to defence establishments, the stage of investigation, and the potential implications for national security.

The court observed that allegations involving suspected transmission of sensitive defence material and possible cross border linkages require a cautious judicial approach. It noted that although personal liberty is a constitutional right, it must be balanced against the larger interests of national security and public safety.

The court further held that the duration of custody at this stage does not outweigh the seriousness of the accusations, particularly when investigation and forensic examination are incomplete.

After considering the material on record and submissions from both sides, the court concluded that the accused were not entitled to bail at this stage and dismissed both applications.