ORDER :

Ajit Borthakur, J.

1. Heard Mr. K.N. Choudhury, learned Sr. Counsel appearing for the accused petitioner. Also heard Mr. P.P. Baruah, learned Public Prosecutor, Assam appearing for the State respondent.

2. By this petition under Section 439 Cr.P.C., the petitioner, namely, Rupam Das has prayed for grant of bail in connection with CID P.S. Case No. 21/2020 registered u/s. 120B/409 of the IPC r/w Section 66(B) of the I.T. Act, 2000 and added Sections 201/204 of the IPC, Section 25(1-B) of the Arms Act, 1959 and Sections 7(a)(b)(c)/8/12/13(1) (a)/13(2) of the P.C. Act, 1988.

3. The scanned copy of the case record of PRC Case No. 25/2021 along with the case diary, as called for, is placed before the Court.

4. Mr. K.N. Choudhury, learned Sr. Counsel appearing for the accused petitioner, submits that the accused has been in judicial custody for more than 100 days since 12.10.2020. Mr. Choudhury further submits that on completion of investigation, the investigating officer has laid a charge-sheet on 4.1.2021 although no recruitment examination related incriminating material was recovered out of his exclusive possession, but from his father-in-law's house. Mr. Choudhury also submits that 2 (two) of his co-accused persons are already released on bail. According to Mr. Choudhury, learned Sr. Counsel, as the charge-sheet has been filed, further interrogation of the accused by the police will not be required and as such, if released on bail, he undertakes to participate in trial of the case. Mr. Choudhury relied on the order, dated 19.02.2019 passed by the Hon'ble Supreme Court in Deepak Saran Vs. A.C.B., C.B.I. reported in AIR Online 2019 SC 529.

5. Per contra, Mr. P.P. Baruah, learned Public Prosecutor submits that in the case, the learned trial Court is yet to consider the charges and on the other hand, further investigation under Section 173(8) Cr.P.C. has been vigorously going on into the case. Mr. Boruah further submits that the case is related to socio-economic offences of huge magnitudes, which shocked the morale fibre of the whole community of the State of Assam in recruitment process to the posts of Sub-Inspector of Police and therefore, in the backdrop of accusations and evidence collected by the investigating agency, release of the accused at the present initial stage of trial will certainly hinder in a fair and speedy trial. Therefore, Mr. Boruah, learned Public Prosecutor vehemently submits that it is in the interest of a fair trial of the case securing regular presence of the accused and great public interest, the accused should not be released on bail. Mr. Boruah has relied on the ratio of the judgments rendered in- (i) Nimmagadda Prasad Vs. CBI, reported in (2013) 7 SCC 466 (ii) Prahlad Singh Bhati Vs. NCT, Delhi & Anr., reported in (2001) 4 SCC 280 (iii) State of Bihar & Anr. Vs. Amit Kumar @ Bachcha Rai, reported in (2017) 13 SCC 751 and (iv) Y.S. Jagan Mohan Reddy Vs. C.B.I., reported in (2013) 7 SCC 439.

6. I have considered the above submissions made by the learned counsel of both sides and perused records including the affidavits filed by the accused petitioner.

7. The prosecution story is that on 20.9.2020, one Pradeep Kumar, IPS (Retd.), Chairman, State Level Police Recruitment Board, Assam lodged an FIR before the Officer-in-Charge, CID P.S., Assam at Guwahati alleging, inter-alia, that the written test for recruitment of 597 posts of Sub-Inspector (UB) in Assam Police department was scheduled to be held w.e.f. 12 Noon to 3 PM on 20.9.2020 in various centres of all District Police Headquarters across the State under the supervisions of the District Level Selection Committees constituted by the State Level Police Recruitment Board, Assam. However, it was alleged that unfortunately the question paper was leaked and circulated in whatsapp due to which the written test was to be cancelled. Such cancellation of competitive examination damaged the image of the State Recruitment Board as well as that of the Government o