ORDER

Date : 29-11-2022 Heard Mr. T. T. Tara, learned counsel for the applicant. Also heard Mr.

O. Pada, learned Special PP for the SIC (Vig.) and Mr. P. Taffo, learned counsel for the complainant.

2. Apprehending arrest in connection with SIC (VIG) P.S. Case No.12/2022, dated 19.10.2022 under Section 120(B)/406/409/420 IPC read with Section 7/8/13(2) PC Act, 1988, this application under section 438 Cr.P.C. is preferred by the applicant, namely, Shri Kabit Jomang praying for grant of pre-arrest bail in connection with the aforesaid case.

3. As per order, dated 18.11.2022, the applicant is on interim pre-arrest bail till final disposal of this bail application.

4. It is submitted by the learned counsel for the applicant Mr. Tara that the applicant is a Government employee who is presently serving as an Assistant Engineer in the Department of Urban Development and Housing, Govt. of Arunachal Pradesh.

5. An independent FIR, dated 06.10.2022 lodged before the Superintendent of Police, SIC (Vig.) P.S., Civil Secretariat, Itanagar, Govt. of Arunachal Pradesh against 3 (three) persons, namely, Smti. Minoty Borang, Shri Tama Saroh and Shri Taket Jerang alleging, inter alia, that the above named persons were allegedly involved in the leakage of question papers relating to the combined competitive examination conducted by the APPSC in the year, 2017 and accordingly, a case has been registered under Section 120(B)/406/409/420 IPC read with Section 7/8/13(2) PC Act, 1988 and thereafter, the process of investigation started.

6. The above named Smti. Minoty Borang Saroh was arrested on 30.10.2022 at around 1815 hours and the investigating agency re-arrested the father of the applicant on 10.11.2022 from jail who was already arrested in connection with another case No.11/2022. Pursuant to re- arrest of the father of the applicant, the Investigating Officer made a phone call to the mother of the applicant to produce the applicant before the Investigating Agency in connection with SIC (Vig) case No.12/2022 under Section 120(B)/406/409/420 IPC read with Section 7/8/13(2) PC Act, 1988 and for which, the applicant is apprehending arrest in connection with the above mentioned case and hence, the present application is filed by the applicant under Section 438 Cr.P.C. seeking pre-

arrest bail.

7. The learned counsel for the applicant submits that the present applicant is not indulged in any unlawful activities during the examination for Assistant Engineer conducted by the APPSC in the year, 2017 and after the Viva-voce test conducted by the APPSC which culminated in the year, 2019 and on recommendation of the State Public Service Commission, the applicant was appointed as Assistant Engineer (Civil) in the Department of Urban Development and Housing, Govt. of Arunachal Pradesh. The learned counsel for the applicant further submits that the present applicant is no way connected with the alleged offence nor his name is reflected in the FIR and on the basis of the statement made by the prime accused Shri Taket Jerang under Section 161 Cr.P.C., the Police is searching the present applicant but disclosure of name of persons under Section 161 Cr.P.C. is not in accordance with law to automatically arrest or book a person in connection with the case. It is also submitted that at the relevant point of time he was not a Government employee and/or there is no materials to attract Section 406/409 IPC against the present applicant nor there is any allegation of cheating against the present applicant to fulfil the ingredients of Section 420 IPC against him. It is further raised the point that his examination was not conducted by the APPSC.

8. Moreso, the Investigating Agency did not comply with the guidelines passed by the Hon’ble Apex Court in the case of Arnesh Kumar-vs-State of Bihar and Another; reported in (2014) 8 SCC 273, wherein, it is observed that a person accused of an offence punishable with imprisonment for a term which may be less than seven years or which ma