Kuddus Ali @ Md. Kuddus Ali v. State Of West Bengal

05.10.2023 Sl. No.21 akd C. R. M. (DB) 3702 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.09.2023 in connection with Raninagar Police Station Case No.502 of 2023 dated 08.09.2023 under Sections 147/148/149/186/332/333/353/325/326/307/435/34 of the Indian Penal Code, Sections 25/27 of the Arms Act read with Sections 3/4 of the Prevention of Damage to Public Property Act and Section 9 of the West Bengal Maintenance of Public Order Act. (G.R. Case No.3020 of 2023) And In Re: Kuddus Ali @ Md. Kuddus Ali ... ... Petitioner Mr. Mrityunjoy Chatterjee Mr. Manas Das Mrs. M. Mondal Mr. Debapriya Majumder ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Subroto Roy ... ... for the State

1. It is submitted on behalf of the petitioner that there was a fight between two political groups one day before the Panchayat election to the Board of the Sthayee Samity. Petitioner is the leader of a political party. As a result he has been falsely implicated. Coaccused have been enlarged on regular bail/pre-arrest bail. Accordingly, he prays for confirmation of the interim bail.

2. Learned Additional Public Prosecutor opposes the prayer for bail and submits under the leadership of the petitioner his supporters attacked the police station causing extensive damage to public property and injuries to police officers.

3. We have considered the materials on record. A fight ensued between two political groups one day before the election to the Board of the Sthayee Samity. Petitioner is said to be the leader of one of the groups. Co-accused including Jahangir Sk. who stands

on the same footing with the petitioner has been enlarged on regular bail/anticipatory bail. Earlier petitioner had been released on interim bail to participate in the voting which we are informed has been adjourned till 09.10.2023. There is no adverse report against him.

4. Under such circumstances, we confirm the interim bail granted to the petitioner vide order dated 25.09.2023 on the same terms and conditions save and except the condition i.e. not to enter the jurisdiction of Raninagar Police Station. He shall however, meet the Officer-in-charge, Raninagar Police Station once in a week until further orders.

5. The application for bail is thus disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)