Ananda Doley and Anr v. The State of Assam

ORDER Date : 15.05.2023

Heard Mr. J. Payeng, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By this second petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Ananda Doley, 2. Jatin Doley, have prayed for grant of bail in connection with CID P.S. Case No.3/2023 under Sections 120B/420/427 of the IPC, r/w Section 66B of the IT (A) Act and added Section 409 of the IPC. It is noticed that the accused petitioners have been in judicial custody since

22.03.2023, i.e. for 53 days. It may be mentioned that the earlier bail application of the petitioners, being Bail Appln. No.1453/2023, 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. Some co-accused persons are already released on bail. Considering the length of detention and maintaining parity in order, this Court is of the opinion that further continuation of detention of the accused petitioners may not be required in the interest of the ongoing investigation into Page No.# 3/3 the case. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs. 30,000/-each with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati subject to the following conditions-

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

ii) That the accused petitioners 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 petitioners shall refrain from committing any similar offences in future, of which they are suspected of commission. Breach of any of the above conditions of bail shall render cancellation of the bail in accordance with law. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010100112023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1676/2023 ANANDA DOLEY AND ANR S/O LATE LONKERWAR DOLEY VILL- LIGIRAMUKH CHANANG P.S. PANIGAON DIST. LAKHIMPUR, ASSAM 2: JATIN DOLEY S/O LATE HEMADHAR DOLEY VILL- DAFALAKATA P.S. PANIGAON DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM BEING REP. BY THE PP, ASSAM Advocate for the Petitioner : MR J PAYENG Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR