Summary

The petitioner sought bail under section 498 of the Code of Criminal Procedure in a Badda Police Station case under section 302 and other provisions of the Penal Code, 1860. The first information report alleged that on 18.07.2024 armed persons attacked a procession of the Anti-discrimination Student Movement in front of BRAC University and that a man was shot dead. The petitioner, accused No. 28 of 68, was shown arrested in the case on 10.08.2025, and the Additional Metropolitan Sessions Judge, Dhaka refused bail mainly because investigation was continuing. The State opposed bail citing the pending investigation and risk of tampering. The High Court Division noted that no police report had been submitted, that there was no tangible material showing risk of interference or absconding, and that co-accused on a similar footing were on bail. Considering the length of detention, the absence of a specific overt act and parity, it made the Rule absolute and granted bail until disposal of the trial.

Issues

1. Q1

   Whether an accused held in a murder case arising from an attack on a procession of the Anti-discrimination Student Movement should be granted bail where investigation remained incomplete after a long period in custody.

Key points

• Although investigation is within the domain of the investigating agency, prolonged custody without submission of a charge-sheet is a relevant consideration for bail.
• An apprehension of interference with investigation or tampering with evidence must be supported by tangible material on record to justify refusing bail.
• Length of detention, absence of a specific overt act and parity with co-accused already on bail justified enlarging the petitioner on bail.
• The trial court remains at liberty to cancel bail if the petitioner misuses the privilege.

Law considered

Code of Criminal Procedure, section 498Penal Code, 1860, section 302