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The State
Mr. M.D. Rezaul Karim, D.A.G with
Ms. Farhana Afroze Runa, A.A.G
Mr. Mohammad Abdul Aziz Masud, A.A.G Mr. Md. Shamim Khan, A.A.G
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Present
Mr. Justice Md. Atoar Rahman and
Mr. Justice Md. Ali Reza
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26.05.2024 This is an application for bail of the accused-petitioner
Mosharaf Hossain Faruk Bhuiyan under section 498 of the Code of Criminal Procedure.
Ms. Tapati Das, the learned Advocate, appearing on behalf of the accused-petitioner submits that as per the FIR 53 (fifty three) pieces of yaba tablets, 27 (twenty seven) bottles of Phensedyl, 02 (two) kg cannabis, 24 (twenty four) bottles of wine and 12 (twelve) bottles of beer have been recovered from the accused-petitioner which is a malafide and vexatious implication against him.
Mr. M.D. Rezaul Karim, the learned Deputy Attorney General appearing for the state opposes the contentions so far made by the learned Advocate for the petitioner.
Heard the learned Advocate and the learned Deputy Attorney General and perused the petition for bail and the documents annexed thereto.
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Let a Rule be issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Fulgazi Police Station Case No. 06 dated 20.04.2024 corresponding to G.R. Case No. 26 of 2024 under table 10 (ka), 14(Kha), 19(Ka) and 24(Kha) of section 36(1) of the Madok Drabbya Niyantron Ain, now pending in the Court of Chief Judicial Magistrate, Feni and/or passed such other or further order(s) as to this court may seem fit and proper.
Pending disposal of the Rule, let the accused petitioner Mosharaf Hossain Faruk Bhuiyan, son of late Maulavi Amir Hossain Bhuiyan and late Saleha Khatun be enlarged on ad-interim bail for 01 (one) year from date on furnishing bail bond subject to the satisfaction of the learned Chief Judicial Magistrate, Feni.
The Rule is made returnable within 04 (four) weeks from date.
The petitioner shall put in 2(two) sets of requisites within 7 days, for service of notice of the Rule upon the opposite party in normal course as well as by registered post with A/D as per the provisions of the Supreme Court of Bangladesh (High Court Division) Rules, 1973. The office shall not issue any certified copy or other copy of this order to the petitioner unless requisites are put in as per the provisions of above Rules.
The court below is at liberty to cancel the bail of the petitioner in accordance with law, if the privilege of bail is misused by him in any manner.
The accused-petitioner is also directed to file affidavit of facts stating the latest position of the case if further extension of bail is needed.
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