Gauhati High Court grants bail to accused in Zubeen Garg murder case

The Gauhati High Court recently granted bail to Amritprava Mahanta, an accused in the alleged murder of Assamese singer Zubeen Garg, after finding that the investigation materials and evidence recorded during trial did not disclose a prima facie case against her [Amritprava Mahanta v. State of Assam].

Justice Pranjal Das observed that continuing Mahanta's detention despite the absence of supporting evidence would amount to a travesty of justice.

"Considering the nature of the materials found on record so far, with regard to A-4 Amritprava Mahanta, it would be a travesty of justice to deny her bail at this stage, especially when she has already undergone undertrial detention for almost a year now," the Court said.

Garg died in Singapore on September 19, 2025, after an incident during a yacht trip. Following complaints alleging murder, the Assam Police's Criminal Investigation Department registered a case and eventually chargesheeted seven persons.

Mahanta was accused of participating in a conspiracy to murder Garg by supplying him alcohol despite knowing about his medical condition, including epilepsy and seizures.

However, the Court found that none of the 250 witnesses examined during investigation stated that Mahanta served, administered or forced alcohol upon Garg.

It further noted that the testimonies of 124 prosecution witnesses examined during trial did not substantiate the allegation.

The Court also found no material indicating that Mahanta had organised Garg's Singapore visit, arranged the yacht trip or encouraged him to swim without a life jacket.

"The prima facie case of A4 being involved in conspiracy to murder the victim is not made out from the investigation materials and trial testimony so far," the Court observed.

Justice Das also emphasised that courts must decide cases according to the evidence rather than public sentiment. Court said,

"A court has to be conscious of society’s sense of justice, but cannot be captive to it."

Taking into account Mahanta's nearly year-long incarceration, lack of criminal antecedents and statutory provisions concerning bail for women, the Court granted her bail on a bond of ₹50,000 with two sureties.

She was directed to cooperate with the trial, refrain from influencing witnesses and not travel abroad without permission.

The Court clarified that its observations were confined to the bail proceedings and would not affect the ongoing trial.

Senior Advocate AK Bhuyan, assisted by Advocates N Choudhury and NR Sharma, represented Mahanta.

Senior Advocate and Special Public Prosecutor Z Kamar, assisted by Assistant Special Public Prosecutor P Dutta, represented the State.

[Read Judgment]