Bench

Mr. Justice Bhishmadev Chakrabortty and

Mr. Justice A.K.M. Zahirul Huq

Criminal Miscellaneous Case No.38882 of 2024

Avijit Das                     ....accused-petitioner

-Versus-

The State                             ....opposite party

Mr. Babu Lal Saha, Advocate

                           .... for the petitioner

Mr.  Md.  Humayun  Kabir  Monju,  Deputy Attorney General

                   .... for the opposite party

Judgment on 29.08.2024.

Bhishmadev Chakrabortty, J:

In this Rule the opposite party was called upon to show cause as to why the accused-petitioner should not be enlarged on bail in Ghior Police Station Case No.05 dated 09.03.2024 corresponding to GR No.20 of 2024 under sections 28, 29, 31 and 33 of the Cyber Nirapatta Ain, 2023 read with sections 153, 153 Ka, 295, 295 Ka and 298 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Manikganj and/or such other or further order or orders passed to this Court may seem fit and proper.

Mr. Babu Lal Saha, learned Advocate for the petitioner taking  us  through  the  materials  on  record  submits  that maximum sentence in the aforesaid sections is 5(five) years. The petitioner has been languishing in jail for more than 5(five) months.  The  police  report  of  the  case  has  not  yet  been submitted and holding of trial of the case is uncertain. In the premises  above,  he  may  be  released  on  bail.  The  Rule, therefore, would be made absolute. 

Mr.  Humayun  Kabir  Monju,  learned  Deputy  Attorney General,  on  the  other  hand  opposes  the  Rule  drawing  our attention on the nature of offence.

We  have  considered  the  submissions  of  the  learned Advocate for the petitioner and the learned Deputy Attorney General, gone through the petition and documents appended therewith.

It appears that allegation has been brought against the petitioner of making a comment in the social media on a post of facebook  touching  the  religious  sentiment  of  muslim community.  On  going  through  the  materials  on  record  it  is found  that  this  petitioner  has  not  created  any  post  in  his facebook ID. In a post created by someone else he made reply on a comment passed by another man. No report of forensic expert has been submitted yet. It further appears that in the aforesaid sections the petitioner may be sentenced for 05(five) years  highest.  The  police  report  of  the  case  is  yet  to  be submitted. It is uncertain when the trial will commence and come to an end.

In view of the nature of allegation brought against the petitioner, the sentence may be imposed therein, the period of custody and uncertainty of the trial, we find substance in the submission of Mr. Saha.          

Accordingly, the Rule is made absolute. The accused- petitioner Avijit Das, son of Nanda Kumar Das and Parul Rani Das should be enlarged on bail in the aforesaid case subject to the satisfaction of the Chief Judicial Magistrate, Manikganj.

However, the concerned Court will be at liberty to cancel the bail on any proven misuse.

Communicate the judgment and order at once. A.K.M. Zahirul Huq, J:

I agree.