Alim Box Sk @ Kata v. State Of West Bengal

11.04.2022 Item No.03 Suman Ct.42 CRM (SB) 60 of 2022 In Re: An application under Section 439 of the Code of Criminal Procedure.

And In the matter of: Alim Box Sk alias Kata Vs.

The State of West Bengal Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ...for the State Background of the dispute relates to a piece of land allegedly belonging to a Masjid Committee. It is contended on behalf of the petitioner that the disputed land does not belong to the Masjid Committee. One Salauddin Molla and Rafik Ahmed purchased the said land from one Fazlur Rahaman. Over the possession of the land some dispute cropped up between the de facto complainant and their men and agents on one side and some miscreants named in the F.I.R. Name of the petitioner does not appear in the F.I.R. Therefore, he should be released on bail.

Learned P.P.-in-charge has raised serious objection against the prayer for bail. He has produced the case diary and submits that the case was registered under Section 3 and 4 of Explosive Substances Act and explosive substances were recovered from the house of the present petitioner. Those explosive substances were seized under a seizure list in presence of the witnesses. Anticipatory bail of the co-accused persons were also rejected by the Division Bench of this Court. Considering the complicity of the present accused I am not inclined to release him on bail at this stage. The prayer for bail is, thus, refused.

The application is, thus, disposed of.

(Bibek Chaudhuri, J.)