The court emphasized the seriousness of the offense of question paper leak, considered various legal principles and precedents related to bail under Section 439 CrPC, and rejected the bail applications based on the nature of accusations, severity of punishment, character of the accused, and the likelihood of the offense being repeated.

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Since all the three bail applications have arisen out of the same FIR, they are being disposed of by this common judgment and order.

2. Heard the learned Sr. Counsel Mr. N. Dutta, learned counsel Mr. B.K. Mahajan, appearing for the petitioners. Also heard Mr. P.P. Baruah, learned P.P., Assam assisted by Mr. D. Das, learned Addl. P.P. for the State of Assam.

3. The petitioners, namely, Sri. Saroj Sarma and Diban Deka have prayed for releasing them on bail under Section 439 Cr.PC, who are in detention in connection with Crime P.S. Case No. 13/2020 under Section 120B/418/420 IPC.

4. The factual matrix leading the arrest of the petitioners - the State Level Police Recruitment Board published an advertisement seeking on-line application from the eligible candidates for filling up 597 posts of S.I. of Police in Assam Police. The advertisement was published on 06.011.2019. More than 90,000 candidates filed their applications. Out of them, about 66,000 candidates downloaded the E-Admit cards for appearing in the examination, but before that, the question papers were leaked and circulated in WhatsApp, as a result of which, the written test was cancelled. The Chairman of the State level Police Recruitment Board lodged the FIR alleging the aforesaid facts. The informant has mentioned in the FIR that he got the information about the leakage through a WhatsApp message sent to him by a person called Sri. Gautam Mech.

5. The police conducted an investigation. Several persons were arrested. Finally, police filled charge sheet. It may be mentioned that some persons, who are shown as accused in the charge sheet, were never arrested by police. They received summons from the court below and were released on bail. In fact, 26 persons, who are charge sheeted were already released on bail by the Special Judge, Assam. The bail application of the petitioner, Saroj Sarma was rejected by the court below.

6. The specific allegation against the present petitioners, Saroj Sarma and Diban Deka are as follows:

Sri. Saroj Sarma

He is found to be one of the prime accused persons along with accused Rubul Hazarika, Prasanta Kumar Dutta, Kumar Sanjit Krishna and others, who are involved in the offence of leaking the question paper of the written examination for the post of SI(UB) of Police and circulated the leaked question papers through Whatsapp messages and by other means to candidates in exchange of huge sum of money. In furtherance of the conspiracy, he along with Rubul Hazarika met Kumar Sanjit Krishna, the then Superintendent of Police, Karimganj & Chairman, District Level Selection Committee, at Karimganj on 12/09/2020. They conspired thereto leak the question paper prior to the scheduled examination date i.e. 20-09-2020 from the custodian of question papers, i.e. Kumar Sanjit Krishna. As desired by Kumar Sanjit Krishna, he arranged secret mobile handsets and fake SIM card for use by Kumar Sanjit Krishna and other perpetrators to keep their conspiracy as secret. He also provided his white colour Google mobile phone and necessary materials like sealing wax, blade, cutter, adhesive tape etc. for opening and resealing the packets of question papers to Rubul Hazarika on 18/09/2020 at the time of proceeding from Guwahati to Karimganj. Accused Rubul Hazarika took photograph of the leaked question papers from the custodian, i.e. Kumar Sanjit Krishna, the then Superintendent of Police, Karimganj & Chairman, District Level Selection Committee, Karimganj, in exchange of rupees forty lakhs. As per the instruction of Saroj Sarma, his employee Jitul Jyoti Sandilya delivered the money as demanded by Kumar Sanjit Krishna in a backpack to Subrata Sarkar, husband of Sukanya Sarkar, near Chung-fa restaurant, on Mother Teressa Road, Geetanagar at the night of 18/09/2020. On receipt of the leaked question papers from Nipu Phukan, he got the answers of the questions papers printed in the house of Hira Choudhury. At the instruction of Saroj Sarma,