A city court on Monday granted bail to Pinaki Banerjee, the 55-year-old security guard of South Calcutta Law College and a co-accused in the gang rape of a 24-year-old student inside the college premises in June.
Banerjee is the first among the four accused in the case to be granted bail. The other three — former student Monojit Mishra and two others, Pramit Mukherjee and Zaib Ahmed — remain in custody. The court observed that Banerjee could not be placed on the same footing as the others who were directly involved in the crime.
According to the complaint filed by the law student, she was approached by Mishra inside the students’ union room on June 25 and then forcefully taken to the security guard’s room by Mishra, Mukherjee, and Ahmed. She said the college’s main gate was locked, preventing her from escaping.
Banerjee had allegedly vacated his room and allowed Mishra to drag her inside, where the rape took place in the presence of the other two accused. The student also said that Banerjee had locked the main gate, preventing her escape.
Mishra, Mukherjee, and Ahmed were arrested on June 26 and 27. Banerjee was arrested later on June 27 based on the statements of the three co-accused as well as the survivor.
In its order, the court said: “It remains admitted that the chargesheet has been submitted in this case showing that the investigation has been concluded and there is no reasonable possibility of tampering with the evidence any further. It also cannot be overlooked that the instant accused/petitioner truly cannot be equated and put on the same pedestal as the remaining three co-accused persons who are actively involved in the commission of the offence of gang rape.”
It further noted that Banerjee appeared to be “to some extent helpless under the pressure and aura/influence” of the other accused.
The judge also considered Banerjee’s age and the duration of his custodial detention since June 27 while allowing the bail plea. He was granted bail against a surety bond of ₹20,000 and ordered to appear before the court on every hearing date.
The special public prosecutor of the Alipore court, representing the state, opposed the bail petition, arguing that Banerjee’s role in the crime made him culpable even if he did not participate directly. The prosecutor stated that in gang-rape cases, “a meeting of minds” is not required to establish complicity.
He argued that Banerjee’s act of allegedly locking the main gate and allowing access to his room made him an enabler of the crime. The prosecution also pointed out that Banerjee did not raise any alarm after the crime, further implicating him.
Banerjee’s lawyer maintained that the security guard was not actively involved in the crime and was “helpless” under pressure from “influential” individuals.