MOHD.AFROZ Vs. STATE OF U.P.
LAWS(ALL)-2008-5-233
HIGH COURT OF ALLAHABAD
Decided on May 16,2008

Mohd.Afroz Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

BARKAT ALI ZAIDI, J. - (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 120-B/121-A 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.
(3.) 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.;


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