The Calcutta High Court on Monday cancelled the anticipatory bail granted to Prashanta Burman, the Block Development Officer (BDO) of Rajganj in Jalpaiguri district, in connection with the murder of New Town-based gold merchant Swapan Kamilya. The court also directed Burman to surrender before the Bidhannagar court within 72 hours.
Justice Tirthankar Ghosh, while passing the order, made strong observations on the manner in which the lower court had granted anticipatory bail in a case involving a serious offence like murder. The judge noted that the lower court failed to examine the essential factors that must be considered before granting bail or anticipatory bail in such cases.
“The anticipatory bail was granted ignoring crucial information and evidence available on record,” the court observed, adding that the order could not be sustained and was therefore set aside.
According to case records, a complaint was filed against Burman by the family of the deceased, alleging his involvement in the abduction and murder of Kamilya. Investigators claimed that Kamilya was allegedly abducted by the BDO and his associates after he discovered that gold jewellery was missing from his apartment in the eastern outskirts of Kolkata.
During the course of the investigation, police said they recovered multiple pieces of evidence indicating Burman’s role in the crime. Several individuals close to the BDO were arrested in connection with the case. However, police sources said tracking down the prime accused proved difficult for a considerable period.
Burman has consistently denied the allegations. He moved the Barasat court seeking anticipatory bail, which was granted.
Subsequently, he appeared before the Bidhannagar subdivisional court and executed the anticipatory bail. The sequence of events also raised questions regarding the role of the police in the matter.
Challenging the lower court’s decision, the state government approached the Calcutta High Court. During earlier hearings, the High Court had already expressed dissatisfaction with the manner in which the anticipatory bail was granted. The matter came up for hearing again on Monday, following which the High Court rejected Burman’s plea and ordered him to surrender within a stipulated time.
Kamilya, the deceased gold merchant, was a resident of Dimatia in the Nilda Post Office area of West Midnapore district. He ran a gold jewellery shop in Duttabad, New Town. According to his family, Kamilya was taken away from his shop on October 28, following which a missing diary was lodged at the Bidhannagar South Police Station.
His body was later recovered from bushes along the Bagjola canal near Jatragachi in New Town. The family identified the body and alleged that he had been kidnapped and murdered, leading to the registration of a murder case and the subsequent investigation.
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