AB 1094/2011 BEFORE THE HON BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ner namely, Khairul Alam Miah @ Khairul Alam praying for bail, apprehending his arrest, in connection with Gossaigaon PS Case No. 78/11 under Sections 147/148/1 49/336/341/307/325/437/171 (C ) of IPC. Heard Mr. AK Hussain, learned counsel for the petitioner and Mr. K. Munir, learned Addl. PP, Assam. Case diary has been produced. Mr. Hussain has submitted that during the last Assembly election two public meetings by two different political parties were organized at a shor t distance. Just before the meeting time was over, some supporters of the inform ant party passed certain sentimental remarks against the political party of the accused persons and as such there was brick-betting. Be that as it may, in the FIR there is no allegation against the present petiti oner for taking active part in committing the offence. At the same time, the pet itioner is a candidate in the election of which result is likely to be declared on 13.5.11. Learned Addl. PP, Assam has submitted that although there are su fficient evidence of damage of properties, however the witnesses have not named the present petitioner for taking active part in the said offence. For the foregoing reasons, interim order dated 29.4.11 is hereby made absolute. The accused petitioner is directed to appear before the I.O. wit hin a week. Bail application stands disposed of.