Gupta was arrested on April 22 by the Delhi Police's Special Cell on the charge of revealing classified information to Pakistani officials.
A Delhi court today dismissed a bail plea of disgraced diplomat Madhuri Gupta for the third time but allowed her application seeking a copy of electronic communications she allegedly exchanged with her handlers in Pakistan during her stint there.
Chief metropolitan magistrate (CMM) Vinod Yadav refused to grant relief of bail to Gupta allowing a plea of the Delhi police that she was capable for "threatening" the witnesses.
"As per the prosecution, the accused had the dominion over the secret information relating to safety and security of India and she had committed breach of trust reposed in her by the government of India and passed on that information to Pakistani agencies.
"Considering the nature and gravity of the offence and the fact that the accused is capable of tampering with the evidence and can threaten the witnesses, I am not inclined to grant bail to her at this stage," CMM said.
The CMM and a sessions judge had rejected bail plea of Gupta earlier also.
The court, in its order, however, allowed the plea of, Gupta, arrested on April 22 after being called here from Islamabad where she was posted as Second Secretary (Press Information), seeking the copy of some emails.
It, however, imposed a condition that she would not pass the information relating to those documents to anyone in future.
"It is apparent that the prosecution has not moved any application claiming privilege to these documents. The copies are liable to be supplied to the accused," the court said.
During the arguments, additional public prosecutor Naveen Kumar opposed Gupta's application stating that the documents were printouts of "inbox and sent mail" folders which had been classified as sensitive by the ministry of external affairs in an order on May 25.
Defence counsel Joginder Dahiya, on his part, contended that those documents have to be supplied to the accused as the prosecution has been relying on those communication.
Gupta was arrested on April 22 by the Delhi Police's Special Cell on the charge of revealing classified information to Pakistani officials.
The Delhi police had filed the charge sheet against 53-year-old IFS officer on July 20 seeking her prosecution under various provisions of the Official Secrets Act and Indian Penal Code.
The probe agency had cited Gupta's purported emails to claim that she used to pass on information to Pakistan intelligence agencies through her handler Jamshed -- whom she planned to marry -- and Mubashar Raza Rana.
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