Bombay HC clears former BrahMos scientist Nishant Agarwal of major spying charges, paving way for his release after 7 years of arrest, as family expresses relief and vows no one should suffer like him.
In a major reversal in one of India’s most high-profile espionage cases, the Nagpur Bench of the Bombay High Court on Monday set aside the life sentence awarded to former BrahMos Aerospace senior scientist Nishant Agarwal. A division bench of Justices Anil Kilor and Pravin Patil struck down his conviction under Section 66(f) of the Information Technology Act (cyber-terrorism) and major provisions of the Official Secrets Act (OSA), paving the way for his release.
The court ruled that the prosecution failed to prove that any confidential missile-related information was transmitted to Pakistani intelligence operatives. However, the judges upheld his conviction under Section 5(1)(d) of the Official Secrets Act for unauthorised possession of classified files on a personal device — a charge that carries a three-year sentence, which Agarwal has already served.
“No Evidence Data Was Transferred to Enemy”
Government Pleader Adv Sanjay Doifode confirmed that while Agarwal had transferred data from his official system to his personal laptop, the prosecution could not prove further leakage.
“Regarding Section 5, it was established that he transferred 19 files containing secret BrahMos information from his official laptop to his personal device… Section 66(f) was applied on the premise that this data was transferred to, used by, or obtained by a third party. However, it could not be proven that this secret information was actually transferred elsewhere,” he said.
Doifode added:
“We alleged that he either transferred the data to them, or they extracted it from his device, because the malware or the software he was using was active and capable of sharing all data to a cloud-based server. Therefore, our stance was that the data had gone elsewhere.”
The court, however, held that intent and action of aiding an enemy state could not be legally established.
A key defence argument came from a CERT-In expert, who testified that no sensitive data was ever transmitted outside Agarwal’s devices. Advocate Chaitanya Barve, who argued the appeal, said:
“Formalities for his release will be initiated after the order copy is received.” He added the defence will challenge even the limited conviction for possession.
Family’s Long Struggle Comes to an End
After close to seven years behind bars, the judgment brought visible relief to the Agarwal family.
His wife, Kshitija, was quoted as saying in a TOI report:
“Finally, the ordeal seems to be over. Let me get the order copy in my hand first to know what exactly the court has ruled… We have gone through enough, and I only wish that no one else should face such trouble.”
His father, Dr Pradeep Agarwal, also expressed gratitude:
“Emotions ran high among the rest of the family members too. I can only thank the judiciary and the efforts put in by the lawyer in securing his release. It’s finally over, I wonder now.”
A Case That Once Stunned India’s Strategic Establishment
Agarwal, a DRDO Young Scientist Award recipient and NIT Kurukshetra graduate, joined BrahMos Aerospace around four years before his arrest. He worked as a senior system engineer in the Indo-Russian joint venture that manufactures the BrahMos supersonic cruise missile, capable of launch from land, sea, air and underwater.
His arrest on Dussehra morning in October 2018 by a joint team of Uttar Pradesh ATS and Maharashtra ATS triggered nationwide shock — it was the first espionage case involving BrahMos Aerospace.
The ATS alleged Agarwal was honey-trapped by Pakistani operatives posing as women — using profiles named “Neha Sharma”, “Pooja Ranjan”, and “Sejal Kapoor”. According to investigators, malware-laden applications — Qwhisper, Chat to Hire and X-Trust — were installed on his systems to remotely extract classified data.
During cross-examination in the High Court, Barve noted that the same fake accounts had also contacted other BAPL engineers — indicating a systematic espionage attempt.
Sources within BrahMos Aerospace stated that no classified data was compromised, adding that Agarwal’s role was too junior to access critical missile parameters. They highlighted the company’s multi-layered security systems that limit internal access to confidential modules.
Conviction History and Legal Path
A Nagpur court in June 2024 had convicted him under all charges, including cyber-terrorism, and handed a sentence of life imprisonment. Agarwal was earlier granted bail in April 2023 but was sent back to prison after the conviction.
The High Court has now overturned the most serious findings after hearing his appeal — ruling that prosecution failed to demonstrate any transfer of sensitive data to foreign hands.
As he has already spent close to seven years in custody — far beyond the three-year sentence that remains — Agarwal is now eligible for immediate release.