Gauhati High Court has granted bail to suspended ACS officer Rakesh Das. Das stands accused of employing illicit tactics to inflate his marks by allegedly inserting a fake answer script in the Combined Competitive Examination 2013, conducted by the Assam Public Service Commission (APSC).
On Saturday the Gauhati High Court has granted bail to suspended ACS officer Rakesh Das. Das stands accused of employing illicit tactics to inflate his marks by allegedly inserting a fake answer script in the Combined Competitive Examination 2013, conducted by the Assam Public Service Commission (APSC). Justice Robin Phukan, presiding over a single judge bench, noted a procedural lapse regarding the non-compliance of Section 41A of the Criminal Procedure Code (CrPC) prior to the accused’s arrest.
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Das sought bail under Section 439 of the CrPC, pertaining to a case filed against him under various sections of the Prevention of Corruption Act (PC Act) and the Indian Penal Code (IPC). The charges stem from an FIR filed by Dr. Anshumita Gogoi on October 27, 2016. The informant alleged that one Nabakanta Patir solicited a bribe of Rs. 10,00,000 for securing her recruitment as a Dental Surgeon through the APSC. However, the police apprehended Patir during the exchange in Dibrugarh.
During the bail hearing, the defense counsel argued that the investigating officer failed to issue a notice as mandated by Section 41A of the CrPC. Additionally, it was contended that the PC Act charges were inapplicable to Das at the time of the alleged incident in 2013, as he wasn’t a public servant then. The defense also emphasized that co-accused individuals had already been granted bail by the High Court, thus advocating parity in treatment.
The court said,
“Also it appears that the accused has been languishing in jail hazoot since 30.11.2023. Investigation of the case has also been completed and charge sheet has already been submitted before the learned court below. Moreover, two co-accused have already been enlarged on bail by this court vide order dated 25.01.2024, in BA No. 113 of 2024, and vide order dated 25.01.2024, in BA No. 83 of 2024. As held by Hon’ble Supreme Court in the case of Satinder Kumar Antil (supra) persons accused with same same offence shall never be treated differently either by the same court or by different courts.”
Contrarily, the Assistant Public Prosecutor (APP) of Assam contended that the PC Act provisions were indeed relevant, alleging Das’s involvement in a conspiracy to bribe a public servant. The prosecution highlighted the severity of the charges, emphasizing that the punishment prescribed exceeded seven years. Furthermore, the investigating officer purportedly gathered substantial evidence and filed a charge sheet against the accused.
The court took cognizance of the fact that Das allegedly secured a job with the Assam Government through illicit means, in collusion with arrested accused Rakesh Kumar Paul and other APSC officials. While acknowledging the procedural oversight regarding Section 41A of the CrPC, the court granted bail to Das upon the furnishing of a Rs. 50,000 bond, with one surety of equal amount, to the satisfaction of the Special Judge, Assam.
Case Detail – Rakesh Das v. The State of Assam
