The Supreme Court has cancelled bail granted to an accused in an alleged espionage case, holding that a procedural objection concerning the mode of communicating grounds of arrest cannot automatically justify regular bail where the record establishes effective communication and no demonstrable prejudice.
A Bench of Justice M.M. Sundresh and Justice Prasanna B. Varale set aside the Rajasthan High Court’s order granting bail to Jhabra Ram. The Court found that a detailed arrest memo, read over to the accused and signed by him, effectively conveyed the factual basis of his arrest.
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According to the prosecution, intelligence inputs indicated that the accused was in contact with handlers belonging to a Pakistani intelligence agency and was transmitting sensitive information concerning the Indian Army in exchange for money.
The alleged disclosures included photographs, videos and information about strategic troop movements in Pokhran and Jaisalmer.
Before registering the FIR, authorities issued notices under Section 8(1) of the Official Secrets Act, 1923, on January 23 and January 26, 2026, requiring the accused to appear for questioning and furnish information concerning a suspected offence.
Following preliminary inquiry and technical analysis, FIR No. 01/2026 was registered on January 30, 2026, at the Special Police Station, District CID (Security), Jaipur. The accused was formally arrested that afternoon.
The case involves offences under Sections 3 and 9 of the Official Secrets Act and Sections 152 and 238(b) of the Bharatiya Nyaya Sanhita, 2023.
The Sessions Court rejected the accused’s regular bail application on March 10, 2026. It held that the detailed grounds recorded in the signed arrest memo amounted to substantive compliance with Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Rajasthan High Court subsequently granted bail on May 18, 2026, on the ground that the grounds of arrest had not been furnished in writing before or at the remand proceedings. Relying on Mihir Rajesh Shah v. State of Maharashtra, it held that oral intimation or disclosure recorded in the case diary did not satisfy the statutory requirement.
Challenging that decision, the State argued that the High Court had overlooked the gravity of the national security allegations and the material demonstrating that the accused knew the precise basis of his arrest.
The defence maintained that written communication of grounds was mandatory and that the seriousness of the allegations could not excuse non-compliance with constitutional protections.
The Supreme Court reiterated that communication of grounds of arrest is a crucial constitutional and statutory safeguard under Article 22(1) of the Constitution and Section 47 BNSS.
The safeguard enables an arrested person to consult legal counsel, oppose remand and effectively pursue legal remedies. On the facts of this case, however, the Bench found substantial and effective compliance.
The Court examined the arrest memo prepared in the vernacular language. It detailed the material against the accused, including the technical examination of his mobile phone, his alleged contact with foreign intelligence handlers and the alleged transmission of military information for money.
The memo was read over to the accused in the presence of two witnesses and bore his signature.
The Bench also noted that the accused’s brother was informed of the arrest by telephone ten minutes after the arrest. That communication was separately documented.
When produced before the Magistrate on January 31, 2026, the accused was represented by counsel who opposed police custody remand on merits. Neither the accused nor his lawyer raised an objection at that stage about non-communication or non-furnishing of grounds of arrest.
The Magistrate had also recorded that the family had been informed and that the accused appeared to have been apprised of the grounds.
Referring to State of Karnataka v. Sri Darshan and Kasireddy Upender Reddy v. State of Andhra Pradesh, the Supreme Court applied a prejudice-oriented approach to the alleged procedural defect.
The Bench found that the accused understood the grounds of his apprehension and had effective legal representation at the remand stage. No demonstrable prejudice or denial of an opportunity to defend had been established.
In those circumstances, the Court held, an alleged defect in the mode of service could not by itself invalidate detention or entitle the accused to regular bail.
The conclusion rested on the detailed arrest documentation and surrounding circumstances, including prior statutory notices, the signed arrest memo and legal representation during remand proceedings.
The Supreme Court emphasised that regular bail applications under Section 483 BNSS require consideration of the nature and gravity of the accusations, the possible punishment, the risk of absconding or tampering with evidence, and the impact on public interest and national security.
The Bench faulted the High Court for treating the alleged procedural irregularity as an automatic ground for bail while overlooking the seriousness of the offences and the investigation material.
It accordingly allowed the State’s appeal, set aside the High Court’s order and cancelled the bail.
The Supreme Court expressly clarified that it had not expressed any opinion on the merits of the allegations.
Its observations were confined to deciding the appeal concerning cancellation of bail and would have no bearing on the trial or the merits of the prosecution’s case.
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