Point of Law: Grant of Bail - Bail is a rule and jail is an exception, in a case where accusation is grave and serious and heinous, the same will fall under the acceptation rather than the rule.

JUDGMENT :

Heard Mr. Z. Kamar, learned Senior Counsel assisted by Mr. B. Talukdar, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State of Assam.

2. The hearing of the present petition was concluded on 24.08.2022 and Judgment was reserved. In the meantime, the learned Public Prosecutor, Mr. M. Phukan has forwarded an Order dated 26.08.2022 passed in BA No. 1369/2022 through the Court Master of this Court. By the said order a coordinate Bench has rejected a bail application of a co-accused. Such approach of sending order/judgment after conclusion of hearing is not appreciated by this Court, and according to this Court the due course on the part of the learned Public Prosecutor in the given facts of the case would have been to make a mention before the Court so that the case could be further listed and an opportunity to the learned counsel for the petitioner be given to place his contention on the applicability of the said order passed by the coordinate Bench. However, in the interest of justice, this Court has directed to list this matter under the column “to be spoken” and accordingly the matter was listed on 06.09.2022. Further arguments were advanced by the learned counsel for the parties and hearing was concluded and the case was reserved for judgment.

3. During the course of argument, Mr. Phukan, while seeking apology in sending the order to the chamber of this Court in the manner it was sent, submits that he had no other intention but to bring to notice of the Court, the fact of passing of the order dated 26.08.2022 in BA No. 1369/2022.

4. This Court accepts such apology taking note of the otherwise good conduct and reputation of the learned Public Prosecutor, Mr. Phukan.

5. The present petition is filed under Section 439 of the Code of Criminal Procedure, 1973 for allowing the accused/petitioner to go on bail, who is in Jail since 07.10.2020 in connection with Special Case No. 06/2021 under Sections 120(B)/120/201/204/212/420/506/34 of the Indian Penal Code, 1860 read with Section 66B of the Information Technology Act, 2000 read with Sections 25 (1B)(a)/25(1B) (h) of the Arms Act, 1959 read with Section 8 of the prevention of Corruption Act, 1988 arising out of CID P.S. Case No. 21/2021 pending in the Court of Special Judge, Assam, Guwahati.

6. The backgrounds facts leading to filing of the present petition can be summarized as follows:

i. The Chairman of State Level Police Recruitment Board Guwahati, Assam lodged an ejahar on 20.09.2020 before the Inspector General of Police, CID Headquarter, Ulubari, Guwahati alleging inter-alia that the written test for recruitment of 597 posts of Sub-Inspector (UB) in Assam Police was to be held on 15th September, 2020 from 12:00 PM to 03:00 PM in various venues/centres in all the District Head Quarters across the State under the supervision of District Level Selection Committee constituted by State Level Police Recruitment Board, Assam. However, unfortunately, the question paper had been leaked and circulated in Whatsapp and for such reason, the written test had to be cancelled. It was further alleged that the culprit with their malafide intention have damaged the image of the Recruitment Board as well as the Government of Assam, apart from causing financial loss of the Government and playing with the careers of aspiring candidates.

ii. On receipt of such F.I.R., the Deputy Superintendent of Police, CID, Guwahati, Assam registered a case being CID Police Station Case No. 21/2020 under Section 120(B)/409/201/204 IPC read with Section 66(B) of the IT Act, 2000 and Section 25(1-B) of the Arms Act, 1959 and started the investigation of the case.

iii. The present petitioner was arrested in connection with the said case on 07.10.2021. The arrest memo reflects that the petitioner was arrested at CID Police Station, Ulubari, Guwahati. The petitioner was granted police custody for six (6) days by the learned Judicial Magistrate 1st Class, Guwahati and