Point of Law : Bail application Rejected - Leakage of question paper through WhatsApp messager - Petitioner poses "flight risk" in sense that if released on bail he may again flee from justice which would ultimately delay or frustrate trial of case - Besides petitioner may also tamper with witnesses and other evidence of case, as he is an influential man.

ORDER :

1. Heard Mr. P. Bora, the learned counsel for the petitioner. Also heard Mr. D. Das, the learned additional public prosecutor, Assam for the respondent.

2. Having filed the instant petition under Section 439 of the CrPC, the petitioner, namely, Prasanta Kumar Dutta has prayed for enlarging him on bail in connection with the CID P.S. Case No.21/2021 registered under Sections 120B, 120, 201, 204, 212, 420, 506 read with Section 34 of the IPC and Section 66-B of the Information Technology Act (for short “IT Act”) and Sections 25 (1B)(a) and 25 (1B) (h) of the Arms Act and Section 8 of the Prevention of Corruption Act (for short “PC Act”). The petitioner was arrested on 07-10-2020 in connection with the aforesaid case and has been in detention since then.

3. The genesis of the abovementioned criminal prosecution may be traced to the Sub-Inspector (UB) Recruitment Examination (Written) for filling up 597 vacancies in Assam Police, which was to be conducted on 20-09-2020 in all the district headquarters across the State of Assam under the supervision of the District Level Selection Committees constituted by the State Level Police Recruitment Board, Assam. The First Information Report (for short “FIR”), on the basis whereof the aforesaid case was registered, was lodged by Shri Pradeep Kumar, IPS (Retd.), the Chairman of the State Level Police Recruitment Board, Guwahati. It was alleged in the FIR that the question paper of the aforementioned written examination had been leaked and circulated in WhatsApp messenger and as a result of which the written examination had to be cancelled. It was further alleged that the persons involved in the act of leaking the question paper, with their malafide intention, had damaged the image of the Recruitment Board as well as of the Government of Assam, apart from causing financial loss to the State Government and playing with the careers of the aspiring candidates. The complainant furthermore alleged that he had received the information about the leakage of the question paper through WhatsApp message from one Shri Gautam Mech.

4. It is imperative to note that after completion of the investigation into the alleged offences, a charge-sheet has already been laid against 36 accused persons including the present petitioner under Sections 120B, 120, 201, 204, 212, 420, 506 read with Section 34 of the IPC and Section 66-B of the IT Act and Sections 25 (1B) (a) and 25 (1B) (h) of the Arms Act and Section 8 of the PC Act. The allegations leveled against the present petitioner in the said charge-sheet is extracted hereunder:

“2. Sri Prasanta Kumar Dutta, S/O Late Sashidhar Dutta (A-2)

He is found to be one of the prime accused persons along with accused Rubul Hazarika, Saroj Sarma, Kumar Sanjit Krishna and others, who are involved in the offence of entering into a conspiracy for leaking the question papers of the written examination for the post of SI (UB) of Police and circulating the leaked question papers through WhatsApp messages and by other means to different applicants/ guardians of candidates in exchange of huge money. Prasanta Kumar Dutta in connivance with his accomplices, namely, Nripen Nath, Manjit Bora, Jaydip Borooah, Rupam Deka, Jitu Mikir and Anowar Ali opened an office in Hotel Bhargav at Lokhra for organizing physical training to aspiring candidates in order to conceal their design and finally provided the copies of the leaked question papers to a number of candidates in exchange of huge amount of money at Hotel Bhargav Grand in the night of 19-09-2020. During search in his house, recovery of E-Admit Card belonging to accused candidate Hirak Jyoti Baruah, blank signed chques of one candidate, namely, Atul Nath etc. also proves his complicity in the conspiracy. He had taken the 5 No of signed advance cheques from Atul Nath for providing job of SI of police to him. He also contacted another candidate Piku Baishya through Atul Nath for inducing him to pay money to him. He along with other asso