SAMEDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a regular bail application u/s 439 Cr.P.C. praying for bail by the petitioner, namely, Samedur Rahman, who is in detention in connection with Bhangagarh P.S. Case No. 159/2017 registered under sections 120(B)/420/468 of the Indian Penal Code read with section 7/13 (1) (a) (d) (iii) (2) of the Prevention of Corruption Act.

(2.) Learned senior counsel for the petitioner Mr. Z. Kamar and the learned Addl. Public Prosecutor for the state-respondent, Mr. M. Phukan were heard.

(3.) Sri Bedantha Bikash Das lodged an FIR on 17-08-2017 with the Bhangagarh Police Station 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 the APSC, Sri Rakesh Paul and his associate middleman, one Mossaraf Hossain demanded Rs. 15 lakhs from the informant, Bedantha Bikash Das 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 the informant could not succeed in the examination, as he failed to fulfill the demand made by Sri Rakesh Paul. Later on, the informant came to know from the information supplied by the APSC on the basis of his application under the RTI Act, that there were anomalies in the marks given to the candidates in the viva-voice test. In the two replies given by the APSC to the query made under the RTI Act, different marks were shown against the same candidate. On the basis of the aforesaid FIR police registered the case, conducted investigation and initially 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 case, further investigation continued and several supplementary charge-sheets were filed against various accused persons.