CRM-M-25724-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-25724-2026 Date of Decision: 03.09.2026 TALWINDER SINGH @ KAKA ... PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Ashish Bhagat, Advocate and Mr. Tarun Gautam, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1. This petition has been filed under Section 483 BNSS, 2023 [Erstwhile Section 439 Cr.P.C.] praying for grant of regular bail to the petitioner in case FIR No. 08 dated 11.01.2023 under Sections 3,4,5 and 9 Official Secrets Act, registered at Police Station City, Rajpura, Punjab. 2. Brief facts of the case are that the present FIR was registered on the basis of secret information alleging that the petitioner, Talwinder Singh @ Kaka, was in contact with pro-Khalistan extremists residing abroad and Pakistan's intelligence agency (ISI). It is further alleged that he was supplying confidential information, documents, and sensitive locations relating to the Indian Army and Police through his mobile phone. During investigation, a Vivo mobile phone with two SIM cards was recovered from the petitioner's possession. While in custody, the petitioner made a disclosure statement leading to the recovery of a "Moserbaer Pro" CD marked "9 PARA (SF- RENU RAWAT 2026.09.07 15.20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25724-2026 -2- SPECIAL FORCE)" concealed inside a bed at his house. Forensic examination extracted approximately 50.3 GB of digital data, including chats, WhatsApp, Facebook, Instagram, call logs, documents, images, videos, and location data. The forensic analysis allegedly revealed that the petitioner was in regular contact with a mobile number used by one Poonam and had transmitted military intelligence-related information to Pakistani ISI agents. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and has not committed any offence. It is contended that the contents of the CDR have not been brought on record and petitioner is a DJ operator and there is no material to show he transmitted any sensitive information to an enemy agent. It is further argued that the entire case is based on secret information, with no report from any intelligence agency indicating that the petitioner acted as an agent or was privy to information capable of compromising national security. The petitioner is in custody since 11.01.2023 and seeks the grant of regular bail. 4. Notice of motion. 5. Mr. Subhash Godara, Addl. Advocate General, Punjab accepts notice on behalf of the respondent-State. He has opposed the prayer for grant of regular bail on the ground that allegations against the petitioner are serious. Short reply by way of affidavit of Manjit Singh, PPS, Deputy Supdt. of Police Circle Rajpura, District Patiala has been filed in the Registry and the same is taken on record. He has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the custody certificate, the petitioner is in custody for the last 03 years 07 months and 16 days and is not involved in RENU RAWAT 2026.09.07 15.20 I attest to the accuracy and integrity of this document Chandigarh CRM-M-25724-2026 -3- any other case. He further submits that supplementary final report has been filed and charges are yet to be framed. 6. I have heard the submissions made by the parties and gone through the record. 7. After hearing the rival submissions and considering that the petitioner is in custody for the last 3 years, 7 months and 16 days, is not involved in any other case, the supplementary final report has been filed, and charges are yet to be framed coupled with the fact that the trial is likely to take considerable time, this Court is of the view that no useful purpose would be served by further incarceration of the petitioner. Accordingly, the petitioner is granted the concession of regular bail during the pendency of the trial. 8. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. 9. Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case. 10. It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail. 03.09.2026 (H.S.GREWAL) renu JUDGE Whether speaking/reasoned : Yes/No Whether reportable: Yes/No RENU RAWAT 2026.09.07 15.20 I attest to the accuracy and integrity of this document Chandigarh