ORDER

Date : 15-11-2022 Heard Mr. T.T Tara learned counsel for the applicant alongwith Mr. M.

Kato, learned counsel appearing for the Central Burau Of Investigation as the respondent on the taking over of the case from the state respondents.

2. This is a bail application filed under section 439 of Cr. P.C 1973, for the release of the alleged accused namely Shri Loth Ezing on bail in BA No.107 (AP) of 2022, and accused named Tapok Ezing in BA No.108 (AP) of 2022 who were arrested on 29.09.2022 and 05.10.2022 respectively in connection with SIC (VIG) P.S Case No.11/2022 U/S- 406/407/409/ 420/ 120 B IPC R/W sec

7/8/13(2)PC Act, 1988.

3. The applicant is the brother of the accused person Loth Ezing in BA No.107 (AP)/2022 and son of the accused Tapok Ezing in BA No.108 (AP)/2022. Both the bail applications BA No.107 (AP) of 2022 and BA No.108 (AP) of 2022 filed by the applicant are clubbed together since the facts and circumstances of the case are the same.

4. A brief background of the case is that on the strength of an FIR submitted by the informant on 28.08.2022 ,who was a candidate for the Arunachal Pradesh Public Service Commission (APPSC) held on 26.08.2022 and 27.08.2022, alleging, inter alia that there were malpractices in the Commission and that the exam papers have been leaked in advance and that he has been receiving call from the coaching institution, Jeju Institute from a teacher named Akhilesh Yadav that he had come to know of some questions that would definitely come in the exam. That on the day of the examination on 27.08.2022 the question papers which were given to him, came exactly the same. A case was registered, by SIC (VIG) in connection with SIC (VIG) PS Case No. 11/2022 U/s 406/407/409/420/120(B) IPC read with section, 7,8 & 13 (2) of PC Act, 1988.The accused Loth Ezing was one of the candidates in the recently held APPSC Assistant Engineer (A.E) Examination. The investigation officer of the said case implicated the accused persons in the present case, alleging that, they have played role in bribing the officials/agents of the APPSC for securing Examination question paper. Accordingly, the investigating agency had arrested the accused Loth Ezing on 29.09.2022 and the accused Tapok Ezing on

05.10.2022

5. Mr. T.T. Tara learned counsel appearing for the applicant submits that the accused persons are not named in the FIR and the accused persons had no knowledge about the alleged bribe for getting question paper of APPSC Assistant Engineer (A.E) Examination 2022. That, the accused has no connection with the other accused persons for which they has been arrested and imprisoned. That, the accused Loth Ezing is a fresh graduate in B. Tech from Chennai and a hardworking student and comes from a very humble family background and is unable to afford the vast sum of money involved in order to obtain the leaked question papers of the said examinations even if he was offered the same. Further, the alleged accused holds no connection with any other accused persons involved in this racket. That the accused prior to the commencement of the A.E written examinations through some of his friends via Whatsapp messenger had received some hand written questions of the said examination which was in circulation among the aspirants and as such, the accused has been wrongly implicated and has been arrested in the said case.

6. The learned counsel further submits that the custodial interrogation is no longer required and the accused persons have already given their statements under section 161 Cr.PC and they had also disclosed/revealed whatever they know with regard to the instant case and already completed police remand. As such, the continuous detention of the accused persons inside the custody would cause much prejudice and irreparable loss to them as well as the family members. There is no chance of hampering or tempering with the evidences inasmuch as the accused persons are not a staff of APPSC. As such, there is no chance that the accused