Read out by the Judges

Today is fixed for order on charge.

Accused 1. Chanchal Chandra Sarker @ Chanchal is present.

The remaining accused namely 2. Habibur Rahman, 3. Md. Rashedul Islam, 4. Md. Moshiur Rahman and 5. Torikul Islam Bhuiyan are at large.

Mr. Sarwar Jahan along with Mr. Arshadul Haque Babu, the learned defence counsels for accused Chanchal Chandra Sarker @ Chanchal filed an application beseeching an order discharging the accused from the allegations of this case.

It has been stated in the petition that there is no merit of the case against the petitioner and that on the date and time of occurrence the accused-petitioner was posted at BTV Gate No. 3 and as such he had no scope to participate in the carnage as alleged by the prosecution. The learned counsel further contended that there is no cogent ground for framing charges against the accused-petitioner since the alleged occurrence took place in the jurisdiction of another police station and as such question of striking victim Nadim Hossain with gunshot by this accused cannot arise. In the circumstances the learned counsel prayed for discharge of the accused-petitioner.

Mr. Md. Amir Hossain, the learned state defence counsel for absconding accuseds 2. Habibur Rahman, 3. Md. Rashedul Islam, 4. Md. Moshiur Rahman and 5. Torikul Islam Bhuiyan filed another application soliciting discharge of the said absconding accuseds stating that the said accuseds did not have any complicity in the acts complained of and that there is no cogent ground for framing charges against them.

The learned state defence counsel contended that the alleged occurrence took place at Bonosree under Khilgaon police station whereas the accused-petitioners were then posted at Rampura Police Station. In the circumstances the learned state defence counsel besought discharge of the accused persons.

It transpires from the perusal of the discharge petitions as well as the submissions of the concerned learned defence counsels that the claims and contentions raised on behalf of the petitioner accuseds in support of their prayer for discharge can only be inferred through trial. There is no cogent ground to discharge any of the accuseds at this stage. The grounds on basis of which the accused petitioners solicited discharge will be taken into consideration during trial. The accused will definitely get the benefit of the said grounds if substantiated in trial.

Therefore, in consideration of the formal charge together with the connected documents, the discharge petitions and the submissions of the learned Chief Prosecutor as well as the learned Defence Counsels the discharge petitions are hereby rejected and thereupon following charges are framed against the accuseds.

Charges are read out. See here

You, accused Chanchal Chandra Sarker, have heard the aforesaid charges which have been read over and explained to you in the open court.

Question: Do you plead guilty or not?

Accused Chanchal Chandra Sarker pleaded not guilty and claimed to be tried according to the law.

The rest 04 (four) accused, namely 2. Habibur Rahman, 3. Md. Rashedul Islam, 4. Md. Moshiur Rahman and 5. Torikul Islam Bhuiyan have been absconding and as such the charges framed could not be read over and explained to them.

Let 16.10.2025 be fixed for the opening statement and examination of the prosecution witness respectively. Prosecution is directed to submit copies of all the documents it relies upon, for the purpose of furnishing the same to the defence, if, meanwhile, the same are not supplied to the defence.

At the same time, the learned engaged counsel and also the learned state defence counsel shall be at liberty to submit a list of witnesses along with documents, if any, which the defence intends to rely upon, as required under section 9(5) of the Act on or before the date fixed.