Kuldip Doley and 4 Ors v. The State of Assam

ORDER

21.04.2023

Heard Ms. A. Payeng, learned counsel appearing for the accused petitioners as well as Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the state respondent.

¶2By this petition under Section 439 Cr.P.C., the accused-petitioners, namely 1) Kuldip Doley (18 years) 2) Rahul Sonowal (18 years) 3) Ranjan Padi (18 years) 4) Thairichan Payeng (18 years) and 5) Pankaj Chintey (18 years) have prayed for grant of bail in connection with CID P.S. Case No. 3/2023 u/s 120B/420/427 of the IPC read with Section 66B of the I.T. Act, 2000 and added Section 409 of the IPC.

¶3The case diary is placed before the Court by the learned Public Prosecutor.

¶4The brief facts of the case are that on 13.03.2023, 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 Page No.# 3/5 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.

¶5Ms. A. Payeng, learned counsel appearing for the accused petitioners, submits that the accused petitioners are pursuing higher secondary course in different educational institutions and they have just attained the age of majority. Ms. Payeng further submits that they had no knowledge about the serious legal consequences of receiving and circulating the question papers of HSLC Examination, 2023 through WhatsApp messages. Therefore, Ms. Payeng submits that they being students of young age and as they have already undergone 38 days of detention in jail, justice will only be served if they are given the liberty of bail subject to any condition(s). Ms. Payeng submits that all the petitioners undertake to co-operate in investigation as and when required.

¶6Opposing the bail application, Mr. M. Phukan, learned Public Prosecutor, submits that the petitioners are students pursuing higher secondary course in different educational institutions and the case diary show that they circulated question papers through their WhatsApp amongst each others.

¶7It may be pointed out that it is well established basic principle of bail that 'bail is rule, jail is exception.' The question of grant or refusal to grant bail depends on the result of scrutiny of the given facts and circumstances in each Page No.# 4/5 case justly, reasonably, fairly and objectively, keeping in mind the precious right of the accused to life and liberty.

¶8It is noticed that the accused petitioners have been in judicial custody since 15.03.2023, that is, for 38 days.

¶9A perusal of the case diary, it is prima facie revealed that the accused petitioners are members of a common WhatsApp group and they received and circulated amongst themselves the leaked question papers as they received. Thereafter, they formatted their mobile phones to destroy evidence of such leakage. There is indication of small amount of monetary transactions by some of the petitioners while exchanging the question papers amongst themselves. The original source of the leaked question papers is, of course, not clearly ascertainable in respect of their case, subject, of course, to final outcome in investigation. The accused petitioners have been co-operating in investigation.

¶10In the premises, this Court is of the considered opinion that further continuation of detention of the accused petitioners, who are in the age group of 18 years and students of higher secondary, is not needed in the interest of the ongoing investigation into the alleged HSLC Examination question paper leakage.

¶11Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup(M) at Guwahati.

¶12The above bail order shall, however, be subject to the following conditions-Page No.# 5/5

i) That the accused/petitioners shall co-operate in investigation as and when required;

ii) That the accused/petitioners shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses so as to dissuade them from disclosing such facts to the Police Officer or the Court; and

iii) That the accused/petitioners shall refrain from committing any offences similar to the one of which they are suspected of commission. 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

PageoNo.#o1/5 GAHC010073542023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1253/2023o KULDIPoDOLEYoANDo4oORSo S/OoRAJUoDOLEYo VILL-oBOGINODIo(KHURACAK)o P.S.oBOGINODIo DIST.oNORTHoLAKHIMPUR, 2:oRAHULoSONOWAL oS/OoBIDYUToSONOWALo VILL-oSORIONIoGAONo P.S.oBOGINODIo DIST.oNORTHoLAKHIMPUR 3:oRANJANoPADI oS/OoLAKHYANATHoPADIo VILL-oBHURoBANDHUoJALBARIo P.S.oBOGINODIo DIST.oNORTHoLAKHIMPUR 4:oTHAIRICHANoPAYENG oS/OoANILoPAYENGo VILL-oMAJGAONo P.S.oBOGINODIo DIST.oNORTHoLAKHIMPUR 5:oPANKAJoCHINTEY oS/OoSANJIBoCHINTEYo VILL-oMARIGOLDoVILLAGEo P.S.oBOGINODIo DIST.oNORTHoLAKHIMPUo VERSUSo Page No.# 2/5 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR J PAYENG Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR