GUWAHATI:
The Gauhati High Court, on September 30, granted Victor Das absolute bail in connection with his cash-for-jobs allegation in the written exams for recruitments in grade III and grade IV posts in the state.
The High Court granted interim bail to Das on September 16.
Disposing of a bail petition of Victor Das, a single bench judge comprising Justice Robin Phukan said there was nothing on record to show that during the period of interim bail Victor Das has misused the liberty granted by this court.
“In that view of the matter and the materials so far available in the case diary, this court is of the view that in the interest of the investigation, custodial detention of the accused applicant is unwarranted and, therefore, this court is inclined to make the interim bail granted absolute on the same terms and conditions,” the court said.
Victor Das was arrested in connection with Panbazar PS case No 233/2022 under Sections 120B/505/153/153A/384/511 of the Indian Penal Code (IPC) on September 9. He was remanded to judicial custody on September 10.
The case has been registered based on an FIR lodged by one Nikhil Ranjan Nag on September 9 alleging that on September 8 Victor Das appeared in the Panbazar Police Station and made an alarming allegation that certain lobby of individuals had been demanding money from interested candidates for securing a backdoor entry into the posts to be filled up by the recently concluded Assam Direct Recruitment Examination for Grade-III and Grade-IV posts.
Das also alleged that the user of mobile phone No 9101422338 has been demanding money in exchange of a guaranteed appointment in these posts.
Accordingly, an enquiry was initiated and it was found that no incident, as alleged by Victor Das, has taken place, and the contrary, it was found that Victor Das was actively promoting falsehood and rumours through his official Twitter handle [@KingV_6768] and he has made unfounded claims to introduce mass paranoia among the public since August 28.
It was also alleged that the question papers of the exam had got leaked before the examination had taken place and during the enquiry, no such evidence of leaking of question papers has been found and the examination was held fairly and transparently and Victor Das has deliberately and maliciously published fake news and started a misinformation campaign with criminal conspiracy to derail the entire examination procedure.
Appearing for Victor Das, defence lawyer Angshuman Bora submitted that a perusal of the FIR reveals that no ingredients of the offence under Sections 120B/505/153/153A/384/511 of IPC is found, though the case has been registered.
Bora contended to make the interim order absolute on the same terms and conditions.
Producing the case diary, additional public prosecutor D Das submitted that the accused has been indulging in making false allegations through his Twitter handle and that the Investigating police officer has collected sufficient materials against him and, therefore, it is contended to dismiss the petition.
“Having heard the submissions made by learned counsel for both sides, I have gone through the petition and the documents placed on record. I have also perused the case diary and also the case law relied upon by defence lawyer,” the judge said.
“I have also perused the additional affidavit submitted by the accused on September 27 and I find substance in the submission made by a defence lawyer,” the judge said in the order.
“Having carefully gone through the materials, so far collected in the case diary, the same leaves this court unimpressed about the existence of the ingredients, which are required to make out offences under which the case has been registered,” the judge added.