Shyamkanu Mahanta denied bail in Zubeen death case; court cites conduct, flight risk concerns

In a significant development in the high-profile Zubeen Garg death case, the fast-track court on April 30 rejected the bail plea of accused Shyamkanu Mahanta. 

The court’s decision came after hearing arguments from both sides, with the prosecution strongly opposing any relief for the accused.

Speaking to reporters after the order, Senior Advocate and Special Public Prosecutor Ziaul Kamar said the court had pronounced only the operative portion of the order, while the detailed reasoned order is yet to be made available.

According to Kamar, the court took serious note of the accused’s conduct after the alleged incident. He said the court observed that instead of acting in accordance with the law, the accused had moved from the place of occurrence, identified as Singapore, and subsequently shifted to Malaysia.

“The court has considered this conduct seriously and viewed him as a flight risk. On that ground, bail has been rejected,” the prosecutor said.

Kamar further stated that the prosecution had strongly argued that it was the accused who had supplied the liquor bottle allegedly gifted to singer Zubeen Garg in the hotel lobby. He claimed that after consuming the alcohol, Garg became extremely drowsy and was in a vulnerable condition.

The prosecution further alleged that despite knowing that Zubeen Garg was an epilepsy patient, the accused persons allowed him to enter the water, even though it was reportedly prohibited under the circumstances.

“This fact was known to the accused, yet he was permitted to go into the water in that condition,” Kamar said, outlining the prosecution’s case.

In another major development linked to the case, the Special Public Prosecutor said the court had recently allowed attachment of certain assets allegedly linked to the accused.

He said the investigating authorities had filed petitions seeking attachment of Shyamkanu Mahanta’s partnership stake in Mahaveer Aqua, claiming the investment was made using funds allegedly misappropriated from Zubeen Garg.

Acting on the plea filed under Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court ordered attachment of the said business interest after hearing all parties, Kamar said.

Additionally, the prosecution had sought attachment of multiple bank accounts allegedly containing “ill-gotten money” connected to the case. According to Kamar, six bank accounts were attached by the court.

He further alleged that some of these accounts belonged to the accused’s younger brother and mother, who allegedly had no independent source of income.

“The accused could not produce income tax returns or legal documents to establish that the money was legitimate. We have shown that these funds belonged to Zubeen Garg and were misappropriated,” Kamar said.

On the progress of the trial, the prosecutor informed that the next date of hearing has been fixed for May 2. On that day, accused persons identified as A1 and A2 are expected to submit their written arguments during the charge hearing stage.

Following submission of written arguments, the court is expected to proceed toward pronouncement of the order on charges.

When asked whether the other two accused had moved fresh bail petitions, Kamar said no new pleas had been filed so far. He added that earlier bail petitions filed by them had already been rejected.

The Zubeen Garg death case has drawn widespread public attention, and the latest court orders are expected to intensify scrutiny as the matter moves toward the framing of charges.