Haryana Court Denies Bail to YouTuber Jyoti Malhotra in National Security Espionage Investigation

A district court in Haryana's Hisar has denied bail to YouTuber Jyoti Malhotra, citing concerns that her release could obstruct the ongoing espionage investigation. Malhotra, who operated the YouTube channel 'Travel with JO', was arrested on May 16 under the Official Secrets Act and Bharatiya Nyaya Sanhita provisions.

In the detailed October 23 order, Additional Sessions Judge Dr. Parminder Kaur emphasized the gravity of the case, noting that forensic evidence recovered from Malhotra's electronic devices, intelligence inputs from the multi-agency centre (SMAC), and her documented contacts with foreign officials collectively warranted continued judicial custody.

The court highlighted that the 33-year-old YouTuber's case involves sensitive national security concerns, stating that "public interest and national security considerations assume special significance where the allegations, if established, would impair the sovereign interest of the state."

While acknowledging the defense's argument that intelligence inputs remain untested and that direct evidence of transmission of sensitive materials to foreign agents was lacking, the judge maintained that the totality of available evidence met the threshold for denying bail.

Judge Kaur specifically referenced the combination of intelligence linkages, communications with foreign nationals, forensically recovered footage of sensitive sites, and the pattern of Malhotra's international movements as factors satisfying "the threshold of a prima facie case of sufficient gravity to refuse bail."

The court's order further elaborated that the Official Secrets Act and BNS provisions "are not ordinary penal enactments" as they protect matters of state security. The possibility that sensitive visual material of strategic infrastructure may have been collected and shared with foreign personnel necessitated "stringent judicial caution before permitting the accused's release."

Addressing defense arguments about Malhotra being a female sole breadwinner with no prior criminal record, the court acknowledged that such social and familial vulnerabilities are typically considered in bail decisions. However, it concluded that in cases touching upon national security with "a compelling chain of incriminating material," personal circumstances cannot supersede larger public interests.

According to police sources, Malhotra had been in contact with Ehsan-ur-Rahim, also known as Danish, a Pakistani High Commission staffer, since November 2023. India expelled Danish on May 13 for alleged espionage activities. Authorities had previously claimed that Pakistani intelligence operatives were grooming Malhotra as an "asset."

The YouTuber remains in judicial custody as the investigation continues.