Zubeen Garg Death Case: Can Shyamkanu Mahanta Get Anticipatory Bail?
Guwahati, Sept 27:
With the probe into Zubeen Garg’s death intensifying, a big legal question has emerged — Can accused organiser Shyamkanu Mahanta, booked under Sections 61(2), 105 and 106(1) of the Bharatiya Nyaya Sanhita (BNS) 2023, avail anticipatory bail?
Mahanta, who brought the singer to Singapore for the North East India Festival, has been charged after the SIT and CID raid at his Guwahati residence. Public outrage has mounted across Assam, and the case is under constant spotlight.
⚖️ What the Law Says
Section 61(2) – Culpable Homicide (Aggravated Situations)
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Covers culpable homicide not amounting to murder and conspiracy for such crimes.
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Punishment: Life imprisonment or death in some cases.
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Bail Status: Non-bailable → Anticipatory bail is rare and very difficult.
Section 105 – Abetment or Instigation Leading to Death
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Deals with abetment or conspiracy resulting in death (but not murder).
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Punishment: Life imprisonment or 5–10 years + fine.
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Bail Status: Non-bailable → Courts generally avoid anticipatory bail in such serious cases.
Section 106(1) – Causing Death by Negligence
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Covers death caused by rash or negligent acts.
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Punishment: Up to 2 years imprisonment + fine.
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Bail Status: Bailable → Anticipatory bail possible.
📝 Legal Experts’ View
Since Mahanta faces multiple sections together, the serious non-bailable charges (61(2) & 105) will dominate.
👉 Legally, he can apply for anticipatory bail.
👉 Practically, chances are very slim, given:
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Public protests and outrage in Assam.
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The seriousness of the charges.
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The refusal of Assam’s lawyers’ body to defend the accused.
Legal experts say the court is likely to deny anticipatory bail at this stage until the SIT submits more evidence and the investigation progresses.
🚨 What Lies Ahead
The SIT is expected to question Mahanta further in the coming days. With mounting public anger and pressure for justice, the legal battle over bail will be a crucial turning point in the Zubeen Garg death case.
For now, all eyes are on the Guwahati courts and the CID’s next move.
