District-Netrakona                                                            

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

    (CRIMINAL MISCELLANEOUS JURISDICTION)

Criminal Miscellaneous Case No.          of 2024.

In the matter of:

An application under Section 498 of the Code of Criminal Procedure for anticipatory bail.

-And-

                  In the matter of :

Babul Miah and others

….... Accused-petitioners.               -Versus-

The State

                                                                  ...........Opposite-party.

Mr. Deluar Hossan, Advocate

                                                    ........ For the accused-petitioners. Mr. Md. Saiefuddin Khaled, D.A.G with

Mr. Md. Asaduzzaman, A.A.G with

Mrs. Afifa Begum Swapna, A.A.G and

Mr. Sarwar Akhtar Masud, A.A.G,

                            ....... For the State-opposite party.        Present:

Mr. Justice Md. Nazrul Islam Talukder

        And

Mr. Justice Kazi Ebadoth Hossain

  Order dated: the 20th day of March, 2024.

This is an application under Section 498 of the Code of Criminal Procedure for enlarging the accused-petitioners on anticipatory bail in G.R. No. 335 of 2023 arising out of Kendua Police Station Case No. 04 dated 02.11.2023, under Section 15(3) of the Special Powers Act, 1974, now pending in the court of learned Chief Judicial Magistrate, Netrakona.

The accused-petitioners who have been identified by their engaged Advocate, have surrendered before this Court today. 

The learned Advocate for the accused-petitioners, submits that the allegations made in the FIR are not true and that the informant has filed the instant case to harass and humiliate the petitioners and for these reasons, the accused- petitioners may be enlarged on anticipatory bail.

He next submits that the accused-petitioners remain innocent until their guilt is proved beyond all reasonable doubt and any confinement prior to the legal verdict is unjustified and considering this aspect of the case, the accused-petitioners may be enlarged on anticipatory bail. 

He lastly submits that there is no specific allegation against the accused-petitioners rather they have been implicated with instant case with a view to harassing and humiliating them and as such, the accused-petitioners may be enlarged on anticipatory bail.

The learned Deputy Attorney-General appearing for the State, opposes the prayer for anticipatory bail and submits that there are specific allegations against the accused-petitioners and as such, they should not be enlarged on anticipatory bail.

        We have heard the learned Advocate for the accused- petitioners and the learned Deputy Attorney-General for the State opposite-party and perused the application for anticipatory bail.

        Considering the facts and circumstances of the case, the allegations, the statements and the grounds taken in the application, we find prima-facie case in favour of the accused- petitioners and as such, we are inclined to enlarge the accused-petitioners on anticipatory bail for a limited period.

Let the accused-petitioners namely 1. Babul Miah son of Rajab Ali, 2. Md. Mahabub Alam Khan Jarip son of Delowar Hossain, 3. Mojibur Rahman Monju son of late Taher Uddin, 4.  Khokon Delar son of late Abul Monsur, 5. Moazzem Hossain son of Nizam Uddin, 6. Md. Kamrul Islam son of late Ekin Ali, 7. Sohel Miah son of late Kala Miah, 8. Abdul Latif Biltu Miah son of late Siddiqur Rahman, 9. Masudur Rahman Rubel son of late Hasim Uddin and 10. Md. Gias Uddin son of late Anfor Ali, be enlarged on anticipatory bail in the above mentioned case for a period of 6(six) weeks from date, on furnishing adequate bail bond to the satisfaction of the learned Chief Judicial Magistrate, Netrakona.

The accused-petitioners are directed not to go abroad without the permission of the learned Judge of the concerned Court below.

The accused-petitioners are directed to provide necessary assistance and co-operation to the investigating agency if required and asked for.

Immediately after expiry of the period of anticipatory bail, the accused-petitioners are directed to surrender before the learned Sessions Judge, Netrakona, positively and without fail.

However, the learned Sessions Judge, Netrakona, is directed to deal with the case in accordance with law.

With the above observations and directions, the application is disposed of.

Let a copy of this order be communicated to the learned Sessions Judge, Netrakona and the learned Chief Judicial Magistrate, Netrakona, at once.

Md. Nazrul Islam Talukder, J.

        And

Kazi Ebadoth Hossain, J.