Sri Jan Saikia v. The State of Assam

ORDER

12.05.2023

Heard Mr. L. Gogoi, learned counsel appearing for the accused petitioner as well as Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the state respondent. Page No.# 2/4 By this second petition under Section 439 Cr.P.C., the accused-petitioner, namely Jan Saikia (41 years) has prayed for grant of bail in connection with CID P.S. Case No. 3/2023 u/s 120B/420/427/409 of the IPC read with Section 66B of the I.T. Act, 2000. The case diary is placed before the Court. It may be mentioned that the earlier bail application of the accused petitioner being Bail Appln. No. 1332/2023 was rejected by this Court vide order, dated 21.04.2023. The brief facts of the case are that on 12.03.2023, complainant one Nayan Jyoti Sarmah, Controller of Examinations, Board of Secondary Education (SEBA), Assam lodged an FIR before the Officer-in-Charge of CID P.S., Assam through the Addl. D.G.P., CID, Assam alleging, inter-alia, that a news had appeared regarding leakage of handwritten model question paper of HSLC examination of General Science (C3) subject, which was scheduled to be held on 13th of March, 2023 (Monday) and available in the hands of some candidates. It was also alleged that the said question paper was circulated through social media platform. After examination of the hand written question paper by the concerned authority the contents of the same was found to be similar to the question paper prepared by SEBA for which the examination of the subject General Science had to be cancelled. It is noticed that the accused petitioner has been in judicial custody since

17.03.2023, that is, for 57 days. Perusal of the case diary shows that the accused petitioner, who is working as Computer Assistant in the G.P. Office, Naharbari, Dhemaji had Page No.# 3/4 received leaked handwritten question paper of HSLC Examination, 2023 from an arrested co-accused person and then, circulated the same through WhatsApp among the candidates for personal pecuniary gain. He did not report the incident of receiving the question paper either to the SEBA authority or the police. The case diary indicates that he was one of the prime accused persons involved in HSLC question paper leakage and circulation thereof. The investigation has substantially progressed in respect of the complicity of the accused petitioner in the commission of the alleged offences. Some co-accused persons are already released on bail. Considering the length of detention and substantial progress in investigation as well as maintaining parity in order, this Court is of the opinion that further continuation of detention of the accused petitioner may not be required in the interest of the ongoing investigation into the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup

(M) at Guwahati subject to the following conditions-

i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required;

ii) That the accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and

iii) That the accused/petitioner shall refrain from committing any Page No.# 4/4 offences similar to the one of which he is accused. Breach of any of the above conditions shall render cancellation of the bail in accordance with law. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010096342023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1606/2023 SRI JAN SAIKIA S/O SRI MOHIRAM SAIKIA VILL- SANTINAGAR, GOGAMUKH P.O. GOGAMUKH P.S. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY ITS PP, ASSAM Advocate for the Petitioner : MR. L GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR