Mangalsing Basumatary and Anr v. The State of Assam

ORDER Date : 18.11.2024 Heard Mr. M.J.Gogoi, learned counsel for the petitioners as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent. Page No.# 2/3 By filing this 2nd petition under Section 483 of the BNSS, 2023, the accused-petitioners, namely, 1. Mangalsing Basumatary and 2. Dijen Boro have prayed for grant of bail in connection with Simen Chapori P.S. Case No.37/2024 under Sections 61(2)/316(4)/316(5) of BNS read with Section 10(2) of the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2024. Earlier vide order dated 30.10.2024, the bail application of the present petitioners was rejected in Bail Application No.3281/2024. As per FIR, a news and posts circulated in the social media that the question paper of the ADRE held on 15.09.2024 has been reportedly made viral on 16.09.2024, one day after the examination was over. It is alleged that it might be a conspiracy to malign the image of the government and also the sanctity and fair conduct of the examination process. It is submitted by the learned counsel for the petitioners that the petitioner No. 1 is an Assistant Teacher of Mohanpur Bodo L.P.School, Dhemaji and Petitioner No. 2 is a candidate of State Level Recruitment Commission. It is also submitted that the accused petitioners have been languishing in judicial custody for last 61 days since their arrest on 18.09.2024 and the mandatory period for such offence is 60 days. Considering the length of detention, the petitioners may be enlarged on bail. On the other hand, learned Additional Public Prosecutor has produced the case diary and submits that considering the length of detention, bail may be extended to the petitioners. I have considered the submission of the learned counsel for both the parties and perused the case diary. Considering the length of detention, this Court is of the view that further custodial detention of the accused-petitioners are not necessary in the interest of investigation of the case. Page No.# 3/3 Accordingly, the petitioners named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- each with one suitable surety each of the like amount, to the satisfaction of learned Special Judge, Dhemaji. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Dhemaji without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010233852024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3406/2024 MANGALSING BASUMATARY AND ANR S/O SRI BHUPEN BASUMATARY, R/O VILL- MANIKPUR, P.S.-SIMEN CHAPORI, DIST-DHEMAJI, ASSAM-787061 2: DIJEN BORO S/O SUREN KUMAR BORO R/O VILL- MANIKPUR P.S.-SIMEN CHAPORI DIST-DHEMAJI ASSAM-78706 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M J GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI