HC denies bail to Shyamkanu in Zubeen death case

Guwahati: Gauhati high court on Friday rejected the bail petition of Shyamkanu Mahanta, one of the accused in the singer Zubeen Garg death case, citing “risk of fleeing, tampering with evidence and influencing witnesses” if released.

Earlier, Mahanta was denied bail by the fast track of Judge Sharmila Bhuyan on Apr 30, citing the “risk of fleeing”, following which the accused moved the high court.

After analysing the submissions made by the prosecution and Mahanta’s counsel, and going through the materials collected by the investigating officer, Justice Mitali Thakuria said, “Prima facie it is seen that despite full knowledge about the health condition of the deceased Zubeen Garg, there was no proper safety arrangement or medical facilities for the deceased in spite of the fact that he was a patient of epilepsy.”

The court added that from the materials collected by the investigating officer, “it also prima facie reveals that the accused (Shyamkanu) was the person under whose consultation and advice the Yacht party was organised and it is not the case that he was not aware of the organisation of the Yacht party...”

The court stated that “it cannot be out-rightly rejected that there is a flight risk of the petitioner (Shyamkanu), if he is released on bail.”

“His previous conduct of fleeing away to Malaysia, immediately after the incident, prima facie supports the plea of the prosecution that there is a flight risk of the accused petitioner. It is a fact that his Aadhar Card, Pan Card and some bank documents were seized during the investigation, but in spite of those seizures, the probability of absconding of the accused cannot be ruled out at this stage,” the judge said.

The judge added that the deceased, being one of Mahanta’s good friends, the accused could have immediately arrived before the investigating team in Guwahati after the said unfortunate incident. “But instead of returning to Guwahati, he immediately fled to Malaysia with his family members and subsequently was arrested at Delhi Airport as Interpol was alerted,” the judge said.

That apart, the court said with Mahanta being an influential person, “the probability of hampering or tampering with witnesses also cannot be denied at this stage.”

At a press conference, advocate general Devajit Saikia said the high court rejected bail to Mahanta after considering some crucial points, including the “risk of fleeing and possibility of evidence tampering”.

“Mahanta had earlier erased all his mobile data. The prosecution worked hard to retrieve those. So, the high court viewed that there is a chance of tampering with the evidence by him,” Saikia said.

On May 26, fast-track court judge Sharmila Bhuyan framed charges against all seven accused, including four charged with murder, in the singer’s death case.

Zubeen Garg went to Singapore on September 17 last year. He was supposed to perform at the fourth edition of the North East India Festival in the island nation. He died while swimming in the sea in the island nation on September 19. Mahanta was the organiser of the festival.

An Assam police SIT comprising nine officers was formed on September 24 last year to investigate the case, which submitted the charge sheet before the court of Kamrup (Metro) Chief Judicial Magistrate on December 12 last year. However, the CJM court committed the case to the court of district and sessions judges, Kamrup (Metro), on December 16, 2025.

Meanwhile, the fast track on Friday rejected the bail plea of Zubeen’s bandmate, Shekharjyoti Goswami, who is one of the seven accused, citing the “risk of fleeing and avoiding trial” if released on bail.