SAMEDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Sri Samedur Rahman, who has been in detention in connection with Bhangagarh P.S. Case No. 159/2017 registered under Section 120(B) / 420 / 468 IPC R/W Section 7 / 13(1)(a)(d)(iii)(2) of the Prevention of Corruption Act prays for bail by this instant petition under Section 439 CrPC.

(2.) An FIR was lodged by one Bedanta Bikash Das on 17.08.2017 alleging therein, that he appeared in the competitive examination conducted by the Assam Public Service Commission (in short APSC) for the post of Agricultural Development Officer (ADO) in the year 2014. The Chairman of APSC, Sri Rakesh Paul and his associate one Mr. Musharaf Hussain demanded Rs. 15 lakhs from him as bribe to ensure the job. Accordingly, the informant paid Rs. 50,000/- to the Chairman of the APSC Sri Rakesh Paul at Satsang Vihar, Bhangagarh, Guwahati as advance, but he could not succeed in the examination as he failed to fulfill the demand made by Sri Rakesh Paul. Later on, he came to know from the information supplied by the APSC, on the basis of his application under the RTI Act that there was anomaly in the marks given to the candidates in the viva-voce test. In the two replies given by the APSC, different marks were shown against the same candidates. On the basis of the FIR lodged by said Sri Bedanta Bikash Das, police registered the case and started investigation and charge sheet was filed against the Chairman of the APSC Sri Rakesh Paul and another. However, having regard to the larger conspiracy involved in the matter, further investigation continued and several supplementary charge sheets have been filed against various accused.

(3.) The Petitioner Samedur Rahman, who has been a member of the Assam Public Service Commission (for short APSC) was arrested on 31.08.2018 and a supplementary charge sheet (second supplementary charge sheet) was filed against him on 26.10.2018 showing him as accused No. 4.