In an espionage case, the Hisar court has denied bail to YouTuber Jyoti Malhotra, detained since May. The court noted that granting bail may hamper the ongoing investigation and tamper with crucial digital evidence, impacting national security.
A court in Hisar district, Haryana, has denied the bail application of YouTuber Jyoti Malhotra, who was detained in May on espionage charges.
The court expressed concerns that granting her bail could obstruct the investigation.
In a detailed ruling, Additional Sessions Judge Dr. Parminder Kaur stated that there is a substantial prima facie case against her under the relevant laws.
The ruling noted,
“There exists on the record a prima facie case of considerable gravity under the Official Secrets Act and the BNS provisions relied upon; the forensic material recovered from the accused’s electronic device, the SMAC (multi-agency centre) 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 the public interest and national security considerations.”
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The court emphasized that public interest and national security are of utmost importance, particularly in cases where allegations could threaten the state’s sovereign interests. It asserted that bail should not be granted if it poses a risk to public safety or could hinder legal proceedings.
While the defense argued that the intelligence inputs were unverified and that the prosecution lacked direct evidence of sensitive material being shared with foreign agents, the court maintained that such issues should be resolved at trial. It added that, in evaluating bail requests, the entirety of available evidence must be considered.
The ruling stated,
“Here, the combination of (a) intelligence linkage shown by SMAC inputs, (b) the asserted communications connecting the petitioner to the foreign national, (c) forensic reconstruction of deleted material showing footage of sensitive sites and (d) the factual matrix of the petitioner’s visits and movements while abroad?? Taken together satisfy the threshold of a prima facie case of sufficient gravity to refuse bail.”
The court highlighted that the severity of the offense warrants careful consideration in bail decisions, particularly since the Official Secrets Act and the BNS are designed to safeguard state security and public safety.
It noted,
“The possibility that sensitive visual material relating to strategic infrastructure may have been collected, retained and shown to foreign personnel is a matter which, even at a prima facie level, calls for stringent judicial caution before permitting the accused’s release.”
The judge pointed out the implications of Malhotra’s interactions with a foreign official, her travel circumstances, and the retrieval of sensitive video material as indicative of possible communications with individuals pertinent to the investigation.
Addressing the argument that Malhotra is a woman, the primary breadwinner, and has a clean background, the judge acknowledged that courts often consider social circumstances when deciding on bail.
However, it concluded that such factors cannot outweigh the pressing public interest in ensuring a thorough trial and safeguarding state security.
Malhotra, who was arrested in May on espionage charges, appeared before judicial magistrate (first class) Sunil Kumar, who ordered the extension, according to her lawyer, Kumar Mukesh.
Malhotra, originally from Hisar and the creator of the YouTube channel “Travel with JO,” was taken into custody by Hisar Police on May 16 at New Aggarsain Extension. She has been charged under the Official Secrets Act and the Bharatiya Nyaya Sanhita (BNS).
Earlier, On June 9, her request for regular bail was denied by the court, with the police opposing it on the grounds that the investigation was ongoing.
This incident heightened national security concerns and is believed to be part of a larger investigation into suspected cross-border intelligence activities.
After her arrest, the court initially placed Malhotra in police custody for five days. When that period ended, investigators requested more time for questioning, citing the need for deeper inquiry into her suspected connections and digital communications.
The court then extended her police custody for an additional four days before transitioning her case to judicial custody.
Jyoti Malhotra was taken into custody by Hisar Police from her residence in New Aggarsain Extension on May 16 due to serious charges related to national security. She has been charged under the Official Secrets Act and relevant sections of the Bharatiya Nyaya Sanhita (BNS), India’s updated criminal code.
Also Read: Court Extends Police Remand of YouTuber Jyoti Malhotra by 4 Days in Espionage Case
According to police reports, Malhotra was allegedly being groomed as an intelligence asset by Pakistani operatives.
Investigators indicate that Malhotra had maintained regular contact with Ehsan-ur-Rahim, who is also known as Danish, a staff member at the Pakistan High Commission in New Delhi. Their connection reportedly began in November 2023 and intensified over time.
Danish was expelled by the Indian government on May 13 just days prior to Malhotra’s arrest on accusations of espionage. Authorities believe her increasing closeness to high-level Pakistani contacts posed a potential threat to India’s internal security, prompting swift legal and investigative measures.
Malhotra’s alleged connections with Pakistan go beyond digital interactions.
According to police sources, she had visited Pakistan three times, sharing detailed vlogs of these trips on her popular YouTube channel, Travel with Jo, and her Instagram account. One particular video filmed in Lahore has gained significant attention following her arrest, raising questions about the special treatment and security she appeared to receive during her time there.
The footage captures Malhotra exploring Lahore’s streets, discussing her experiences as an Indian traveller.
Notably, she was accompanied by an armed security detail throughout her visit. In one segment of the video, traffic was stayed by officials to allow her uninterrupted movement, a level of protection generally reserved for high-profile visitors.
These elements have further fueled suspicions regarding the nature of her visits and her associations with Pakistani authorities.
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