Md.

Golam Mostafa alias Bhola

For the accused-petitioner

....Accused -Petitioner
(In Jail Hajat)

(Md. Sahidul Islam)

Advocate
Through:
DISTRICT-RAJSHAHI

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. OF 2024

IN THE MATTER OF:

An application for bail under

Section 498 of the Code of

Criminal Procedure, 1898.

AND

IN THE MATTER OF:

Md. Golam Mostafa alias

Bhola, Son of late Azizar

Rahman, Of village- Alaipur

Mohajonpara, Police Station-

Bagha, District- Rajshahi.

------Accused-petitioner
(In jail hazat)
 =2=

-VERSUS-
The state
-----Opposite party

AND
IN THE MATTER OF:

Prayer for bail in Bagha Police

Station Case No. 08 dated

09.02.2023 corresponding to

G.R Case No. 37 of 2024

(Bagha) under Table 14(Kha)

of Section 36(1) of Madok

Drabbay Niantran Ain, 2018

now pending in the learned

Court of Chief Judicial

Magistrate, Rajshahi.

To

Mr. Justice Obaidul Hassan, the Hon'ble Chief Justice of

Bangladesh and his companion Justices of the said

Hon’ble Court.
 =3=

The humble petition on behalf of

the accused-petitioner above

named most respectfully-

S H E W E T H:

1. That the accused-petitioner is loyal and law

abiding citizen of Bangladesh.

2. That the prosecution case, in short, are that the

informant Md. Azijul Haque, Sub-Inspector along

with other forces of Bagha Police Station, Rajshahi

lodged an ezaher with the Bagha Police Station on

09.02.2024 at about 06.30 hours alleging,

interalia, that while performing their duty under

Bagha Police Station, they got a secret information

that on 09.02.2024 at about 04.20 hours that an

illegal drag seller was staying at the place of

occurrence under the Bagha Police Station with an

illegal articles for the purpose of selling of said

drags and thereafter the informant, informed the

 =4=

Officer-in-charge and after that he went to the

place of occurrence along with other forces on

09.02.2023 at about 04.30 hours and thereafter

the accused-petitioner try to flew away from the

place of occurrence after realizing the presence of

the forces but the accused-petitioner cannot flew

away and the informant try to able him red

handed from the place of occurrence on that day.

Thereafter, he disclosed his above name and

addresses. Subsequently, after searching the body

of the accused-petitioner, the informant recovered

in total 45 botle of fensidyle from the white

color bag which were in his right hand in presence

of the witnesses at the place of occurrence.

Thereafter, he prepared a seizure list in

presence of the witnesses and hence the case.

 =5=

On receipt of the said ejahar, Bagha Police

Station Case No. 08 dated 02.09.2024 was started

under Table 14 (Kha) of Section 36(1) of the

Madok Drabbay Niantran Ain, 2018 against the

sole accused-petitioner.

The certified copy of the said First

Information Report and Seizure list

dated 09.02.2024 are annexed

hereto and marked as Annexure-A

and A(1) to this application.

3. That it is stated that the accused-petitioner was

arrested on 09.02.2023 by the police officer then

he was produced on the same date before the

learned Court of Additional Chief Judicial

Magistrate, Cognizance Court No. 01, Rajshahi and

thereafter the learned Court of Additional Chief

 =6=

Judicial Magistrate, Cognizance Court No. 01,

Rajshahi sent him into jail hazat till today.

Certified copy of the said

forwarding report dated

09.02.2024 is annexed hereto

and marked as Annexure-B.

4. That after rejection of his prayer for bail, the

accused-petitioner filed an application for bail in

Criminal Case No. 283 of 2024 in the Court of

learned Senior Sessions Judge, Rajshahi and after

hearing the parties, the learned Court of Senior

Sessions Judge, Rajshahi rejected the prayer for

bail of the accused-petitioner by an order dated

28.02.2024 which is impugned herein.

5. That it is stated that the highest sentence under

Table 14 (Kha) of Section 36(1) of the Madok

Drabbay Niantran Ain, 2018 for the said offence

with imprisonment for 10 (ten) years and lowest

 =7=

sentence is not less than 05 (five) years and fine

also.

6. That it is stated that there is no case against the

accused-petitioner as per version of the First

Information Report and Forwarding Report except

the present case as such he is not a habitual

offender.

7. That it is stated that the case is under

investigation and the police report has not been

submitted as yet.

8. That it is submitted that the accused-petitioner

was arrested on 09.02.2024 by the police officer

and since then he has been languishing in jail

hazat and as such he may be enlarged on bail for

ends of justice.

9. That it is submitted that there is no case against

the accused-petitioner as per version of the First

Information Report and Forwarding Report except

 =8=

the present case as such he is not a habitual

offender and in this view of facts and circumstance

the accused-petitioner may kindly be enlarged on

bail.

10. That it is submitted that the alleged articles were

not recovered from the actual possession and

control of the accused-petitioner at all and as such

he may be enlarged on bail for ends of justice.

11. That it is humbly submitted the accused

petitioner is only breadwinner of his family, in

absence of his family members starving much in

the above view of facts and circumstances he

may be enlarged on bail.

12. That it is submitted that the accused-petitioner is

wholly innocent and he has been falsely implicated

in the said case out of oblique motive as such he

may be enlarged on bail for ends of justice.

 =9=

13. That it is submitted that the accused-petitioner is

law abiding citizen of Bangladesh if the accused-

petitioner will get on bail he will not misuse the

privilege of bail by way of absconding or

tempering the witnesses in any manner and as

such he may kindly be enlarged on bail for ends of

justice.

14. That in the premises, as aforesaid, the accused-

petitioner begs to prefer this Criminal

Miscellaneous Case before your Lordships on the

following amongst other-

GROUNDS

I. For that the accused-petitioner was arrested on

09.02.2024 by the police officer and since then he

has been languishing in jail hazat and as such he

may be enlarged on bail for ends of justice.

 =10=

II. For that there is no case against the accused-

petitioner as per version of the First Information

Report and Forwarding Report except the present

case as such he is not a habitual offender and in

this view of facts and circumstance the accused-

petitioner may kindly be enlarged on bail.

III. For that the alleged articles were not recovered

from the actual possession and control of the

accused-petitioner at all and as such he may be

enlarged on bail for ends of justice.

IV. For the accused petitioner is only breadwinner of

his family, in absence of his family members

starving much in the above view of facts and

circumstances he may be enlarged on bail.

V. For that the accused-petitioner is wholly innocent

and he has been falsely implicated in the said case

out of oblique motive as such he may be enlarged

on bail for ends of justice.

 =11=

VI. For that the accused-petitioner is law abiding

citizen of Bangladesh if the accused- petitioner will

get on bail he will not misuse the privilege of bail

by way of absconding or tempering the witnesses

in any manner and as such he may kindly be

enlarged on bail for ends of justice.

Wherefore, it is most humbly

prayed that your Lordships

would graciously be pleased

to issue a Rule calling upon

the opposite party to show

cause as to why the accused-

petitioner should not be

enlarged on bail in Bagha

Police Station Case No. 08

dated 09.02.2023

corresponding to G.R Case No.

37 of 2024 (Bagha) under

=12=

Table 14(Kha) of Section 36(1)

of Madok Drabbay Niantran

Ain, 2018 now pending in the

learned Court of Chief Judicial

Magistrate, Rajshahi and after

hearing the parties, perusing

the record, cause shown, if

any, make the Rule absolute

and/or pass such other or

further order or orders as your

Lordships may deem fit and

proper.

AND

Pending hearing of the Rule

be pleased to enlarge the

accused-petitioner on ad-

interim bail in the said case.

 =13=

And for this act of kindness, the accused-petitioner, as

in duty bound, shall ever pray.

AFFIDAVIT

I, am Md. Akram Ali, Son of late Nur Mohammad,

Mother- Jabeda Bewa, Of village/ Road- Alaipur, Alaipur,

Post Office- Kishorepur-6280, Police Station- Bagha,

District-Rajshahi, aged about- 61 years, by faith-

Muslim, by profession- Business, by Nationality-

Bangladeshi, National ID No. 8111079308761 do

hereby solemnly affirm and say as follows: -

1. That I am uncle of the accused-petitioner and

tadbirkar of the instant case and am fully

conversant with the facts and circumstances of

the case and competent to swear this affidavit.

2. That the statements made herein above are true

to the best of my knowledge and belief.

3. That all the certified copies of the documents are

annexed herewith the application for bail is

genuine and true.

 =14=

4. That the accused-petitioner earlier did not make

any such applications to the Hon’ble court to the

same effect.

Prepared in my Office.

(Md. Sahidul Islam)

........................
Advocate Deponent
The deponent is known to
me
identified by me.

Solemnly affirmed before me

On this the ------th day of (Md. Sahidul

Islam)
February, 2024. Advocate
Bangladesh Supreme Court
Room No. 216 A (Hall Room)
Membership No. 7793
Mobile No. 01734-830830

COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION, DHAKA
 =15=

NOTICE

DISTRICT-RAJSHAHI

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO . OF

2024

IN THE MATTER OF:

Md. Golam Mostafa alias Bhola
------Accused-petitioner
(In jail hazat)
-VERSUS-
The state
-----Opposite party

To
The Attorney General
For Bangladesh

Dear Sir,
Please take notice that an application for bail
under Section 498 of the Code of Criminal Procedure,
1898 (a copy of which is enclosed herewith) will be
moved before the Hon’ble Court No. 16 (Annex).

Yours faithfully-

(Md. Sahidul Islam)

=16=

Advocate
For the
accused-petitioner