The Punjab and Haryana High Court has granted bail to Jasbir Singh, a YouTuber from Punjab who was arrested in June 2025 on allegations of spying for Pakistan's Inter-Services Intelligence (ISI). Justice Vinod S Bhardwaj allowed the bail plea, noting gaps in the prosecution's case at this stage.
Court's Observations
The court cited "arguable issues that would arise with respect to the commission of offence as alleged, lack of readily available corroborative material at this stage indicating any direct/remote communication, transmission of sensitive information or any overt act indicative of culpable intent." It also took into account Singh's custody of over 10 months and his lack of prior criminal record.
Prosecution's Allegations
Police had alleged that Singh was associated with a Pakistani intelligence operative and had been in contact with an official at the Pakistan High Commission in Delhi who was later expelled on spying charges. He was booked under the Bharatiya Nyaya Sanhita and the Official Secrets Act. Police claimed that Singh visited Pakistan multiple times and passed sensitive information, including details about Indian Army movements, to the ISI.
Defense Arguments
Singh's counsel argued that he was a content creator running a YouTube channel named 'Jaan Mahal', where he uploaded travel and vlog videos. The lawyer highlighted that no chats, messages, or communication with any Pakistani national were recovered from Singh's mobile data. The court noted that the state's counsel did not dispute this fact.
Furthermore, the court observed that the prosecution did not claim that Singh's uploaded content pertained to classified or restricted material. The videos appeared to be of locations and subjects accessible to the general public, with no evidence that Singh had access to or disseminated sensitive information.
The court also considered that Singh had been in custody for over 10 months since his arrest on June 3, 2025, and had no prior criminal record. The bail order emphasized that the prosecution failed to provide corroborative material indicating direct communication or transmission of sensitive information.
This case highlights the challenges in balancing national security concerns with individual rights, particularly for content creators whose online activities may be scrutinized. The high court's decision underscores the need for concrete evidence before depriving someone of liberty on serious charges like espionage.
