ORDER

Date : 20-12-2022 Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Mr. O. Pada, learned Special P.P. for SIC (Vig) and Mr. T. Omo, learned counsel for the complainant.

The petitioner Shri Tapir Saroh has filed an application under Section 439 Cr.P.C., praying for enlargement on bail of the accused Smt. Minoty Borang Saroh in connection with SIC (Vig) P.S. Case No. 12/2022 under Section 120B/406/409/420 IPC read with Section 7/8/(13)(2) of the P.C. Act.

It is submitted that the accused has been languishing in the jail for 51 days and she was arrested on 30.10.2022. It is submitted that the accused is the mother of six children. Her husband is already languishing in the jail since the month of September and she has been languishing in the jail since 30.10.2022. Her six children are students. Her children are boarders of Kingcup Public School at Itanagar. The accused is not a resident of Itanagar. It is submitted that the accused is innocent as she is not an Officer of APPSC and there is no scope that she will tamper with the documentary evidence or any other form of evidence. It is submitted that the accused was a candidate of the examination process. It is submitted that her two younger children are aged 2½ years and 6 months. That the accused’s third daughter is a student of the nursery at Kingcup Public School, her examination has commenced on 16.12.2022 and will end on 21.12.2022. The accused person’s 2½ years old child is missing her mother who is lodged in the jail and her health condition is deteriorating. The accused person’s 6 month old child is with the accused in the custody. Out of four school going children, the accused person’s three children are boarders of the hostel. The first daughter is 15 years old and she is a student of Class-X and will appear her pre-board examination scheduled to be held from 28 January, 2023. The winter break of the rd boarders commences from 23 December. It is submitted that at winter break the boarding will be closed and the accused person’s children will have to go home. There is no one to receive the accused persons children from the hostel to take them to their native place as both the parents including the accused and her husband are lodged in the jail.

I have perused the documents in support of the petition and the additional affidavit submitted on behalf of the accused. The FIR which was lodged on 28.08.2022 unfolds that one Akhilesh Yadav of JEJU Coaching Institute was accused by one aspirant Shri Gyamar Padang alleging that the Assistant Engineer examination question papers got leaked before the scheduled dates i.e. 26.08.2022 and 27.08.2022. A case was registered on the basis of the FIR being Itanagar P.S. Case No. 229/2022 under Sections 120B/406/407/409/420 IPC and two persons were arrested on 10.11.2022 in connection with this case. The accused and her husband were also arrested. Subsequently Itanagar P.S. Case No. 229/2022 under Sections

120B/420/406/407/409 IPC was taken over by the SIC and the SIC (Vig) P.S. FIR No. 11/2022 was registered and Section 7/8/(13)(2) of the P.C. Act was also added. Thereafter some APPSCCE aspirants under the banner of deprived aspirants APPSCCE- 2017 lodged another FIR on 06.10.2022 before S.P.(SIC) Itanagar to initiate an enquiry against the selection of this accused in the examination.

The learned Special P.P. Mr. O. Pada has raised serious objection stating that there are cogent materials in the Case Diary against the petitioner. The accused is deeply involved as a candidate. The allegation against the accused is grave. She has deprived deserving candidates as she has usurped into the post of DF&CSO of another deserving candidate. The accused was illegally recruited to the post of DF&CSO APPSCCE-2017. It is submitted that the accused has not approached this Court on new grounds. Her former bail petition was rejected by this Court on similar grounds in connection with BA No. 113/2022.

It is further submitted by the Specia