Krishna Sarmah and Anr v. The State of Assam

ORDER

21.04.2023 Heard Mr. B. Ali Sk., learned counsel appearing for the accused petitioners Page No.# 2/4 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) Krishna Sarmah (41 years) and 2) Pabitra Phukan @Sontu have 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.

¶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 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.

¶5Mr. B. Ali Sk., learned counsel appearing for the accused petitioners, submits that the accused petitioners, who are teacher and Grade IV staff respectively, have been in judicial custody since 15.03.2023 despite being innocent. Mr. Sk. submits that the accused petitioners were arrested only because the leaked handwritten HSLC question paper, which was spread in the Page No.# 3/4 social media, was also received by them through WhatsApp. Therefore, Mr. Sk. submits that the petitioners being innocent they may be directed to be released on bail subject to any condition(s).

¶6It 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 scrutiny of the given facts and circumstances in each case justly, reasonably, fairly and objectively keeping in mind the precious right of the accused to life and liberty.

¶7It is noticed that the accused petitioners have been in judicial custody since 15.03.2023, that is, for 38 days.

¶8Perusal of the case diary reveals that both the accused petitioners intentionally received and circulated question paper and answers of Social Science subject of HSLC Examination, 2023. There is prima facie sufficient material, direct and circumstantial, against the accused petitioners showing their complicity in the commission of the alleged offences. The investigation is yet to be completed on crucial aspects.

¶9Considering the facts and circumstances as emerged from the case diary, this Court is of the opinion that if the liberty of bail is granted to the accused petitioners, the ongoing investigation into the case, which involved great public interest being pertaining to the scam of leakage and circulation of the question paper of the HSLC Examination, 2023 conducted by SEBA which entailed rescheduling of the date of examination at the cost of academic future of the candidates and huge expenditure of state exchequer, will certainly be adversely affected. Page No.# 4/4

¶10Accordingly, the bail application of the accused petitioners stands rejected.

¶11As the accused have been in judicial custody, the investigating officer is directed to expedite the investigation. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010082662023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1450/2023 KRISHNA SARMAH AND ANR S/O SRI DEVI PRASAD SARMAH R/O VILL- GOGAMUKH TAZIK P.S.GOGAMUKH DIST. DHEMAJI, ASSAM 2: SRI PABITRA PHUKAN @ SONTU S/O LT. DULAL PHUKAN R/O VILL- TULSHIBARI P.S. GOGAMUKH DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : B ALI SK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR