IN THE COURT OF THE METROPOLITAN SESSIONS JUDGE, DHAKA

Criminal Miscellaneous Case No. 01 of 2014.

In the matter of :

An application for bail under section

497/498 of the Code of Criminal

Procedure.

And

In the matter of :

Md. Abdul Hannan ali as Pichi

Hannan son of .

Accused petitioner

(In jail)

Versus

The state

opposite party.

And

In the matter of :

The order dated 26.08.2014 passed by

the leaned Chief Metropolitan

Magistrate, Dhaka in Shahbag Police

Station Case No. 5 of 2014 under

section 386 of the Penal Code

corresponding to GR No. 5 of 2014

rejecting the application for bail of the

petitioners.

Humble petition of the above named

petitioner most respectfully

SHEWETH:

1. That the prosecution case in brief is that on 25.08.2014 at 8.30 p.m.

one Nedia Chowdury lodged a First Information Report (FIR) to the Officer-

in-Charge of the Police Station, Shabbag Dhaka, alleging inter alia that at

about 6.35 p.m. she along with her friends went to the Shahid Minar

premises for taking light refreshment. At that time three unknown

miscreants with a sharp cutting knife compelled them to handover their

vanity bags and wrist watches to them under threat. Then they raised a cry

and hearing their cry her class mates and other people rushed to the place

of occurrence. Some of them chased the accused persons and witness

Masrur caught hold of the petitioner. The petitioner confessed his guilt and

disclosed the names of two other accused persons namely Kala Jahangir

and Mridul. The accuseds persons have extorted valuable articles

amounting to Taka 1,02,000.00. She recognized the arrested person and

other accused by the day light and narrated the occurrence to the

witnesses. The witnesses also saw the occurrence and heard about the

occurrence. There after she along with her classmates took the arrested to

the Police Station and lodged the FIR.

2. That after receiving the FIR the Officer-in-Charge of the Police Station

started Shahbag Police Station (PS) Case No.1 dated 25.08.2014

corresponding to GR No. 5 of 2014 under section 386 of the Penal Code and

one Mr. A. Halim, Sub-Inspection of Police took up the investigation in to

the case.

3. That the allegation made in the FIR against the petitioner is

absolutely false, concocted and malafide. The actual name of the petitioner

is Md. Abdul Hannan and he is a worker of Toba Garments Industries. On

the date of occurrence he came to the Shaheed Minar premises to attend a

protest meeting organized by the Garments Workers Association. He came

in a group in a bus but after the meeting was over, he missed the bus. He

has been falsely implicated in this case on mere suspicion.

4. That the witness Masrur and some of his friends under threat and

coercion compelled him to admit the guilt and to disclose the name of two

other persons who are the neighbors of Masrur with whom he has

boundary dispute.

5. That on 26.08.2014 an application for bail was filed on behalf of the

petitioner in the Court of Chief Metropolitan Magistrate, Dhaka, who

rejected the same by the order dated 26.08.2014.

6. That the case is now pending before the Court of Chief Metropolitan

Magistrate, Dhaka, and till today the investigating officer did not submit

the report under section 173 of the Code of Criminal Procedure.

7. That according to the National ID card and S.S.C Certificate the age

of the petitioner is 28 years. The complexion of the petitioner is fair.

8. That the allegation made against the petitioner in the First

Information Report is absolutely false, concocted and motivated. He has not

at all involved in the commission of the alleged offence.

9. That being aggrieved by the order dated 26.08.2014 passed by the

learned Chief Metropolitan Magistrate, Dhaka in Shahbag Police Station

Case No. 01 of 2014 dated 25.08.2014 the petitioner begs to prefer this

application for bail under section 497/498 of the Code of Criminal

Procedure before this Honble Court on the following among other grounds-

GROUNDS

I. For that the accused petitioner is quite innocent and he has been

falsely implicated in this case out of enmity.

II. For that at the alleged time of occurrence it was dark and the

recognition of the accused by the informant and other witnesses is very

much doubtful.

III. For that according to the National ID card and the certificate issued

by the General Manager of Toba Garment, the name of the petitioner is Mr.

Abdul Hannan and his age is 28 years.

IV. For that the prosecution case is very much doubtful in view of the

fact that the complexion of the petitioner is fair whereas the informant and

the other victim have stated that the complexion of the offenders is dack.

V. For that the petitioner did not make any statement confessing his

guilt and under the threat and coercion of witness Masrur Bin Ansari, he

was compelled to disclose the name of two person with whom Masrur Bin

Ansani has land boundary dispute.

VI. For that the petitioner is an employee of Toba Garments Industry, is

the only adult male and earning member of his family and due to his

detention in jail custody, the members of his family are is distress

condition.

VII. For that the petitioner is a permanent citizen of Bangladesh and if

your Honour is pleased to grant him bail he has sufficient securities to

furnish bail bond and there is no chance of abscondance nor hampering

the investigation.

Wherefore it is most humbly prayed

that your Honour would be pleased to

admit the application, notify the

opposite party, call for the records and

on perusal of the same and hearing

the parties enlarge the petitioner on

bail and or pass such other on further

order on orders as your Honour deem

fit and proper.

-And-

Pending hearing of the application

enlarge the petitioner on ad-interim

bail.

And for this act of kindness the petitioner as is duly bound shall ever pray.