The image of some hardened criminals, arrested in connection with the recent murder of a journalist at Gazipur has gone viral on social media. We watched with impotent fury at the audacious and impudent stare of the murderers at the video camera. The cold stare at the cameras of the reporters speaks a lot of their unrepentant attitude and lowly upbringing that has shaped their life in the crime-infested ghettos where they lived. The gory incident has shocked all and sundry for the sheer brutality unleashed on an individual, a reporter, who was only doing his duty. Reports also came out that these men were hired professional killers.
The atrocious assault by four to five men on Asaduzzaman Tuhin, the Gazipur staff reporter for a Bengali daily on the night of Thursday, 7 August 2025 and hacking him to death with sharp weapons has left everyone wondering where were the law enforcers all the time when he was being chased down the bazaar area and killed in front of dozens of people. According to media reports, Tuhin was killed for filing a report on extortion in the same area by the same gang of four to five men who were armed with lethal weapons. When they saw him recording their activities they pounced on him. When the police arrested the group members, they displayed no remorse, rather their body language indicated they were least bothered by the arrest. One alleged group leader looked directly at one camera and murmured invectives at everyone present.
The lackadaisical attitude of the arrested criminals says they have been arrested before and sent to courts. Yes, from here on we may use our imagination and build a credible story. When they were inside police custody, some influential men went there to talk about their case with the officer in charge. They had taken some paan (betel leaf) and cigarettes for the police brothers and helped them in writing the FIR. They talked to the arrestees in low tone and left the police station. The arrestees slept on the floor and slept well.
The next day they were taken to the court where those same men met the police SI and the contingent of police constables. They had some paan and cigarettes again in the canteen after a sumptuous breakfast. A lawyer came and talked to them in low voice and took their thumb imprints on some papers. Everyone looked happy. A bail has been arranged. The criminals went home after having biryani at an old Dhaka hotel.
This is a synopsis of what actually happens in real life out there in the darkened streets of the town and dark alleys around the lower courts. The central role in such dramas are played by a group of unscrupulous lawyers who earn millions by arranging bail for the murderers, drug dealers, traffickers, arsonists, forgers, snatchers and so on.
What is the law for bail?
According to law specialists, in Bangladesh, the law regarding bail is primarily governed by the Code of Criminal Procedure (CrPC), 1898, particularly sections 496, 497, and 498. These sections outline when and how bail can be granted, distinguishing between bailable and non-bailable offenses. The Constitution of Bangladesh also recognizes the right to bail as a fundamental right.
Lawyers say that in bailable offenses, bail is granted as a matter of course, meaning the accused has a right to be released on bail. But for non-bailable offenses, bail is not a right, but it may be granted at the discretion of the court in certain situations. The Section 497 of CrPC specifically deals with bail in non-bailable offenses. It states that bail can be granted if there are no reasonable grounds to believe the accused is guilty, or if there are sufficient grounds for further inquiry, or if the court believes the accused is not guilty.
The High Court Division (HCD) can grant anticipatory bail (bail before arrest) under Article 102 of the Constitution. Our Constitution recognizes the right to bail as a fundamental right, ensuring access to justice and due process. However, the court will consider various factors, including the nature of the offense, the evidence against the accused, and the accused’s background, before making a decision.
There is no denying that there has been a surge in crimes of various nature — robbery, snatching, murder, public lynching, drug peddling, rape, theft etc. in Bangladesh in recent months.
In January 2025, as many as 242 cases of mugging and robbery were recorded in various police stations. And 294 cases of homicides were recorded in January 2025, compared with 231 in the same month in 2024. Robberies increased from 114 to 171. But, research findings show that in most cases, hardened criminals who have been out on bail commit such crimes. Did the police ever look for the lawyers who have arranged for the bails of such criminals?
The other riddle is the role of the police in cases of robbery or snatching. Whenever a foreign dignitary loses a purse, wallet, a laptop or a phone etc., the police team rescues them within 48 hours. But, how? It never happens when we lose these things! No matter how hard we bang our head against the wall of the police station, we shall never get back our lost phone or wallet. Is it unnatural or supernatural?