JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. This is an application u/s 438 of the Code of Criminal Procedure (Cr.P.C. for short) praying for pre-arrest bail for the petitioner, namely, Gumin Darung, who is apprehending arrest in connection with SIC Vigilance Police Station Case No. 11/2022 registered under Sections 120(B)/420/406/407/409 of Indian Penal Code (IPC for short).

2. Heard Mr. P.D. Nayar, learned counsel for the petitioner. Also heard Mr. O. Pada, learned Special P.P. SIC.

3. A brief resume of the facts of this case is that APPSC (Arunachal Pradesh Public Service Commission) conducted an exam dated 26.08.2022 and 27.08.2022 for the post of Assistant Engineer (Civil). The informant Gyamar Padang, who was also a candidate of the aforementioned examination has alleged that the exam papers have been leaked in advance by the Commission in collusion with coaching institutes and some other acquaintances. The informant has alleged that he has been receiving calls from a coaching institute, namely, Jeju Institute since 20.08.2022, through a teacher of the institute, namely, Akhilesh Yadav. Again on 23.08.2022 he received a call from Akhilesh Yadav’s number. He again called back through the number and enquired about the reason why Akhilesh Yadav was desirous to contact him. Akhilesh Yadav answered that he had attained some questions which would definitely be included in the APPSC paper. Suspecting foul play, the informant recorded the conversation.

4. It is further stated that on 24.08.2022, the informant met Akhilesh Yadav and he was given a set of five handwritten questions. As a precautionary measure, he clicked photographs of the questions in advance on his mobile handset on the same day. Finally on 27.08.2022, the informant was surprised to learn that all the five questions, handed down to him were included in the APPSC exam paper. The numbers, decimals and diagrams were exactly the same. This confirmed the informant’s suspicion that paper had been leaked well in advance, before the exam. The informant lodged an FIR with the police at Itanagar police station which was registered as ITA P.S. Case No. 229/2022 under Sections 120-B/420/406/407/409 of IPC.

5. The learned counsel for the petitioner has prayed for anticipatory bail on the grounds that his father is to undergo kidney transplant at NEIGRIHMS Hospital, Shillong. The status report of the case reflects that the Secretary of the APPSC and one broker has revealed during their custodial interrogation that the present petitioner was one of the candidates from whom cash was received by the broker and the same was handed over to the Secretary of the APPSC.

6. The Spl. P.P. has raised serious objection stating that this is an economic offence which has a cascading effect on the society. The undeserving candidates have usurped into the post of the deserving candidates.

7. Learned counsel for the petitioner has submitted that the petitioner has not been implicated in the FIR, but his name had come up on the basis of statement made by one of the arrested accused-person, viz. Shri Tama Saroh, who is also related to the petitioner. The present petitioner has been receiving calls from the Investigating Agency and he is apprehending arrest in connection with this case. He had to sell 1500 sq. meters of land at Gumin Nagar, Alo, West Siang district of Arunachal Pradesh with a sale proceed of Rs. 70 lacs, solely for the purpose of treatment of his ailing father. It is further submitted that the informant himself is a part and parcel of this alleged scam and he is not a person to be trusted. It is submitted that the petitioner cannot be held liable under Sections 120-B/420/406/407/409 of the IPC or under Section 13(2) of the Prevention of Corruption Act, 1988 (the P.C. Act for short).

8. It is submitted that the petitioner has co-operated with the investigation and his old and ailing father will suffer immensely because kidney transplant requires confinement of the patient in a sanitized and is