A city court granted bail to Pinaki Banerjee, the 55-year-old security guard of South Calcutta Law College and a co-accused in the alleged gang rape of a 24-year-old student inside the college premises in June. Banerjee is the first of the four accused 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 before being forcibly taken to the security guard’s room by Mishra, Mukherjee, and Ahmed. She alleged that the college’s main gate was locked, preventing her escape.
Banerjee allegedly vacated his room and allowed Mishra to drag the student inside, where the rape took place in the presence of the other two accused. The student also claimed that Banerjee had locked the main gate, thwarting any attempt to flee. Mishra, Mukherjee, and Ahmed were arrested on June 26th and 27th. Banerjee was arrested later on June 27th based on the statements of the three co-accused as well as the survivor.
In its order, the court stated: “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.”
The judge further noted that Banerjee appeared to be "to some extent helpless under the pressure and aura/influence" of the other accused. The court also considered Banerjee's age and the period of his custodial detention since June 27. Bail was granted to him against a surety bond of ₹20,000 and directed him to attend the court for each hearing.
The prosecution had submitted that in cases of gang-rape, "a meeting of minds" was not a prerequisite to determine complicity. They submitted that Banerjee's alleged act of locking the front gate and granting access to his room made him an indispensable facilitator of the offence, and that he did not raise any alarm subsequently. Banerjee's lawyer, on the other hand, argued that the security guard was not an active participant and was only "helpless" under pressure from "influential" people.
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