Manisha Yadav
On 1 July 2025, the Orissa High Court, granted bail to Basanta Kumar Behera, a man accused of leaking classified information related to India’s missile testing operations at the Integrated Test Range (ITR) in Balasore, to foreign nationals. The case, formally titled Basanta Kumar Behera v. State of Odisha, was heard by Justice G. Satapathy, who noted that Behera had been incarcerated as an undertrial prisoner for nearly four years, while the trial proceedings were still ongoing and had yet to reach a conclusion.
In his ruling, Justice Satapathy emphasized that the state could not oppose the bail application simply based on the severity of the charges, which are serious in nature.
The bench further observed that the delay in expediting the trial could not be attributed to the accused’s failure to request early hearings. It made it clear that neither the Court nor any party involved could deny a speedy trial based merely on the accused’s lack of complaint regarding the need for expeditious proceedings.
The Court took into account that Behera had previously been granted interim bail twice without any reported misuse of that privilege. Behera, who had worked as a contractual air-conditioning operator at ITR Balasore, was arrested in September 2021 under allegations that he had compromised national security by leaking sensitive missile testing data. It was claimed that he transmitted these secret defense details to foreign nationals via social media platforms in exchange for monetary compensation.
Behera’s legal counsel argued persuasively for his release, contending that the prosecution had not presented decisive evidence linking him directly to the alleged acts of misconduct. During cross-examination, the investigating officer, who was part of the prosecution’s case, seemingly acknowledged that the arrest was based solely on the First Information Report (FIR), lacking any contemporaneous evidence to support claims of wrongdoing.
Furthermore, Behera’s defense pointed out that there had been no forensic analysis provided for his seized mobile phone, and assertions regarding financial exchanges for confidential information were uncorroborated by witness testimonies.
“Although an accused is charged with an offense, they are not a convict until a verdict is rendered. This presumption of innocence is a fundamental principle of criminal jurisprudence that cannot be overlooked, regardless of the stringent nature of the penal laws involved,” the Court remarked.
Ultimately, the Court ordered Behera’s release on bail, contingent upon his submitting a bond of ₹5 lakhs alongside two solvent sureties of equivalent value. Conditions attached to his release included mandatory attendance at court hearings, restrictions on travel, and requirements for fortnightly reporting to the local police station.
Case Name: Basanta Kumar Behera v. State of Odisha
Case Number: BLAPL No. 2876 of 2024
Bench: Justice G. Satapathy
Click here to access the order
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