Hisar Court Denies Bail to Influencer Jyoti Malhotra in 'Spying' Case

A Hisar court has rejected the bail application of social media influencer Jyoti Malhotra, who was arrested on suspicion of espionage. The court, presided over by Additional Sessions Judge Parminder Kaur, cited concerns that her release could potentially obstruct the ongoing investigation.

Malhotra, 33, was taken into custody by Hisar police on May 26, 2025. Following an initial five-day period of police custody, she was remanded to jail and has remained there since.

In its detailed order, released on Friday, October 24, 2025, the court leaned on inputs provided by the Subsidiary Multi-Agency Centre (SMAC). The court stated that "Public interest and national security considerations assume special significance where the allegations, if established, would impair the sovereign interest of State". It further added, "There exists on the record a prima facie case of considerable gravity under OSA and BNS. Forensic material recovered from accused's electronic device, SMAC intelligence inputs and circumstantial matrix of contacts with a foreign official and movements in sensitive areas collectively create a reasonable apprehension that release on bail may impede investigation, facilitate tampering with digital evidence, or otherwise be contrary to public interest and national security".

The prosecution argued that releasing Malhotra could compromise the investigation. The police informed the court that investigations were still active.

Malhotra's counsel, Kumar Mukesh, strongly contested the charges in the First Information Report (FIR). He argued that the prosecution had not presented any incriminating documents or strong evidence that could prove her involvement in any spying network. He pointed out that Jyoti had visited the Pakistani High Commission in 2023 when the Bharatiya Nyaya Sanhita (BNS) Act was not yet implemented. The FIR mentions section 152 of the BNS, which was section 124 A (sedition) under the IPC, but the Supreme Court had kept the sedition law in abeyance. He argued that the prosecution could not make a case of "waging war against the state" against Jyoti.

The FIR also mentions sections 3 (spying) and 5 (communicating secret information to unauthorised individuals) of the Official Secrets Act. Malhotra's counsel relied on a press release from Hisar police, which stated that they did not recover any sensitive information from her possession. He argued that the mentioned sections of the FIR had no merit and needed to be dropped.

Addressing Malhotra's claim that she voluntarily cooperated with the police when summoned, the court acknowledged that cooperation at an early stage could sometimes indicate innocence. However, it also noted that such cooperation could have alternative explanations and did not negate the documentary and forensic evidence presented by the investigating officer. The judge stated that while matters must ultimately be tested at trial and the accused has the right to contest the allegations, the court must view the totality of evidence when considering bail.

According to initial investigations, Jyoti was allegedly in contact with a person named Danish, an employee of the Pakistani High Commission, since November 2023. Investigating agencies claimed that intelligence operatives from Pakistan were developing her as an asset.

The case has garnered significant attention due to the sensitive nature of the allegations and the potential implications for national security. The next hearing is scheduled for June 23.