PRASANTA KUMAR DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Bora, the learned counsel for the petitioner. Also heard Mr. D. Das, the learned additional public prosecutor, Assam for the respondent.

(2.) Having filed the instant petition under Section 439 of the CrPC, the petitioner, namely, Prasanta Kumar Dutta has prayed for enlarging him on bail in connection with the CID P.S. Case No.21/2021 registered under Sections 120B, 120, 201, 204, 212, 420, 506 read with Section 34 of the IPC and Section 66-B of the Information Technology Act (for short "IT Act") and Sections 25 (1B)(a) and 25 (1B) (h) of the Arms Act and Section 8 of the Prevention of Corruption Act (for short "PC Act"). The petitioner was arrested on 07-10-2020 in connection with the aforesaid case and has been in detention since then.

(3.) The genesis of the abovementioned criminal prosecution may be traced to the Sub-Inspector (UB) Recruitment Examination (Written) for filling up 597 vacancies in Assam Police, which was to be conducted on 20-09-2020 in all the district headquarters across the State of Assam under the supervision of the District Level Selection Committees constituted by the State Level Police Recruitment Board, Assam. The First Information Report (for short "FIR"), on the basis whereof the aforesaid case was registered, was lodged by Shri Pradeep Kumar, IPS (Retd.), the Chairman of the State Level Police Recruitment Board, Guwahati. It was alleged in the FIR that the question paper of the aforementioned written examination had been leaked and circulated in WhatsApp messenger and as a result of which the written examination had to be cancelled. It was further alleged that the persons involved in the act of leaking the question paper, with their malafide intention, had damaged the image of the Recruitment Board as well as of the Government of Assam, apart from causing financial loss to the State Government and playing with the careers of the aspiring candidates. The complainant furthermore alleged that he had received the information about the leakage of the question paper through WhatsApp message from one Shri Gautam Mech.