Prakash Gurung gets bail by Cal HC Circuit Bench in SI Amitava Malik murder case

Darjeeling: The Jalpaiguri Circuit Bench of the Calcutta High Court has granted bail with a set of conditions to former Gorkhaland Territorial Administration Sabhasad Prakash Gurung in the Sub Inspector Amitava Malik murder case. However Prakash is still in judicial custody as there are other cases pending against him.

On March 8, Prakash Gurung had been arrested from his residence in Rimbik, Darjeeling in connection with the murder of Sub Inspector Amitava Malik during the violent Gorkhaland agitation of 2017. Prakash Gurung was produced at the Chief Judicial Magistrate court in Darjeeling on Sunday where his bail prayer was rejected and he was sent to Judicial custody.

“We immediately filed a petition at the Principal Bench of the High Court on March 19 . On April 1, the case was transferred to the Circuit Bench. On April 2, we moved the bail petition. On April 7 the matter was heard and bail was granted. Prakash Gurung has not been released as he has a number of cases pending. On April 10 the cases will be heard in the Darjeeling court. We hope to secure bail in these cases also so that he is released” stated Yogesh Diyali, Gurung’s Counsel.

Justice Biswaroop Chowdhury ruled that Prakash Gurung be released on bail upon furnishing bond of Rs 10,000 with two sureties. The other conditions include “...the petitioner shall not enter into the Darjeeling district except Siliguri and the petitioner shall reside at Siliguri and meet the Officer-in-Charge, Siliguri Police Station once in a week until further orders and on further condition that he shall not take part in any agitation or in any political gathering or any protest meeting. However the petitioner shall attend Court in Darjeeling with regard to cases pending against him.”

Incidentally Gurung had recently switched political sides and was part of a team that had floated the Indian Gorkha Janshakti Front (IGJF,) taking part in protests and demonstrations on different Hill issues including tea gardens.

During the 2017 agitation, SI Amitava Malik was murdered. A chargesheet had been filed on January 27, 2018 against 27 persons under Sections 353/ 120B/ 307/ 302 read with sections 25/ 25(1)(a)/ 27/35 of the Arms Act and 3 and 4 of Explosives Substance Act. A large cache of arms and ammunition including AK47 rifles and gelatine sticks had also been recovered. On the same day (Jan 27) a warrant was also issued. Prakash Gurung’s name had featured in the list. Many were arrested and spent time in judicial custody. They were later granted bail by the Calcutta High Court. On the strength of the warrant, Prakash Gurung was also arrested. In 2017 Prakash Gurung was a Gorkha Janmukti Morcha youth leader.