The Calcutta high court on Friday granted bail to one Subash Tamang but rejected bail prayers by Dipen Maley, Sudesh Raimajhi and Asish Tamang in the Madan Tamang murder case.
Though all four had moved a bail petition at the Calcutta high court, the two member division bench granted Subash bail citing insufficient evidences against him in the case diary while rejected the other three bail petitions on grounds that there was enough material evidence including eye witnesses against these three accused.
Subash’s defence argued that Subash had gone to buy medicine during the incident and had been caught in the cross fire. He stated that there were no eyewitnesses also.
Incidentally All India Gorkha League (AIGL) leader Madan Tamang was hacked to death on May 21, 2010 by an armed mob at around 9:20 am at the Upper Clubside Stand in Darjeeling town while overseeing preparations for a public meeting to begin at 10:00 am on that day.
A cell phone belonging to GJM Central Committee member Nickol Tamang had been recovered from the murder spot on that day. Nickol had been arrested on August 16 from his ancestral house in Kainjaley, 47 km from Darjeeling and sent to judicial custody.
The CID had prayed for police remand on August 18 at the Chief Judicial Magistrate Court whereby the CJM had granted Police Custody for 12 days. Nickol however had managed to give the police a slip and disappeared from the CID camp in Pintail Village, near Siliguri, in the early hours of August 22 morning.
Based on the call records of Nickol Tamang's cell phone the CID had already arrested 39 year old Sudesh Raimajhi, a local builder on June 3. Interrogation of Raimajhi led to the arrests of 35 year old Purna Rai of Phoobtshering Tea Estate, Asish Tamang (26) of Badamtam Tea Estate, Sunil Rai (33) of Tukvar Tea Estate and Tilak Sotang (33) also of Tukvar Tea Eastate.
3 persons had received bullet injuries allegedly when police bodyguards of AIGL leaders had opened fire during the attack on Tamang. 53 year old Subash Tamang of Singamari, and Prashant Chettri (@ Yogesh Rai) in his late twenty, from the Lebong area of Darjeeling both arrested, and were undergoing treatment at the Darjeeling Sadar Hospital.
23 year old Sangay Yolmo of Upper Harsing had also received severe bullet injuries in his spinal cord from the alleged firing by police bodyguards. He has presently been shifted to Vellore in South India for treatment and will be produced before the Court on recovery.
The case was later handed over to the CBI. The CBI had arrested Gorkha Janmukti Yuva Morcha (Youth wing of the GJM) Spokesperson Dipen Maley on May 25, 2011, from his residence in Pokhriabong, 30 km from Darjeeling town in connection with the case.
On August 29, 2011, the CBI sleuths had filed an additional charge sheet implicating Maley.