- (1.) Petitioner has filed this fourth bail application under Section 439 of Cr.P.C.
(2.) F.I.R. No. 03/2017 was registered at Police Station SPS Jaipur District Jaipur for offence under Sections 3 & 3/9 of Official Secrets Act and Section 120-B of I.P.C.
(3.) It is contended by counsel for the petitioner that petitioner's daughter is an Indian citizen. Petitioner is a Hindu who came to visit his daughter on Pakistan visa. He applied for extension of visa before S.P. Intelligence Jodhpur and Foreign Visa Registering Authority. In the meantime, the present F.I.R. was lodged alleging that petitioner is transferring the military secrets to Pakistan. It is also contended that pre-charge evidence has taken place and the Court has framed charges twice, which has been set-aside by the Revisional Court. As per pre-charge evidence of CO South Command, the videography which was recovered from the petitioner pertains to Flyover of Jodhpur & Jaisalmer. From his statement, it is revealed that both the Flyovers are not within the prohibited area.;