Assam: Gauhati High Court grants bail to suspended ACS officer accused in APSC Exam scandal

The Gauhati High Court has granted bail to suspended ACS officer Rakesh Das, who stands accused of employing illicit tactics to boost his marks in the Assam Public Service Commission (APSC) Combine Competitive Examination (CCE) of 2013. Justice Robin Phukan, presiding over a single judge bench, emphasized the non-compliance of Section 41A of the Criminal Procedure Code (CrPC) in the arrest of the accused.

Das, through his legal counsel, invoked Section 439 of the CrPC to file a bail application, challenging the grounds of his arrest. The case against him, registered under various sections of the Prevention of Corruption Act (PC Act) and the Indian Penal Code (IPC), stemmed from an FIR lodged by Dr. Anshumita Gogoi in October 2016. The complaint alleged a bribery scheme orchestrated by Nabakanta Patir, implicating Das in manipulating the examination process.

The court deliberated on the applicability of the PC Act to the case, given that Das was not a public servant at the time of the alleged offense in 2013. Despite the prosecution's contention that Das was involved in a conspiracy to bribe a public servant, the court underscored the necessity of complying with procedural requirements before arrest, citing the Supreme Court's precedent in the Satinder Kumar Antil case.

Furthermore, the court highlighted Das's prolonged detention since November 30, 2023, coupled with the completion of the investigation and submission of the charge sheet. Notably, two co-accused individuals had already been granted bail by the High Court earlier this year, prompting the court to emphasize the principle of parity in judicial treatment.