RG Kar Rape and Murder: Ex-Principal, Ex-Police In-Charge Granted Bail by Lower Court

Manas Dasgupta

NEW DELHI, Dec 13: The local Sealdah court on Friday granted bail to the former principal of the RG Kar Medical College and Hospital in Kolkata Sandip Ghosh and the former officer-in-charge of Tala police station Abhijit Mondal in the alleged rape and murder of a trainee postgraduate doctor in the seminar hall on the fourth floor of the hospital in August, the incident which had crated nation-wide outrage.

The two were arrested by the Central Bureau of Investigation (CBI), which is investigating the rape-murder case on an order of the Calcutta High Court. The additional chief judicial magistrate (ACJM), Sealdah court, granted bail to the two accused persons as charge-sheet against them was not filed by the CBI within the mandatory 90-day period, a lawyer representing Mr Ghosh said.

The court granted them bail on a surety bond of Rs 2,000 each and said the accused would have to appear before the CBI when they are called by the central agency. In the court, the CBI’s investigating officer said the probe against the accused in the R G Kar rape and murder case was still ongoing.

Mondal’s lawyer told reporters outside the court that he will walk out of the correctional home where he is incarcerated on judicial remand on getting bail from the Sealdah court, but Dr Ghosh would still remain behind the bars as he has been arrested by the probe agency’s anti-corruption branch in connection with alleged financial irregularities in the medical establishment during his tenure.

Ghosh and Mondal were arrested in connection with the rape and murder case in August this year after state-run 31-year old trainee doctor RG Kar Medical College and Hospital hogged media attention after a 31-year-old trainee doctor’s body was found in the hospital seminar hall. The doctor was allegedly raped and killed by a civic volunteer Sanjay Roy in the intervening night of August 9-10.

They were arrested on the charges of misleading the probe into the case. While Mr Mondal was accused of alleged delay in filing of FIR in the rape and murder of the on-duty doctor at R. G. Kar Hospital on August 9, Dr Ghosh was accused of tampering of evidence in the case. Ghosh was accused of being involved in causing “considerable delay in registration of FIR,” according to a petition by the agency in a CBI court. While the trainee doctor’s body was found on the morning of August 9, the police took over 12 hours to convert the case of unnatural death into an FIR (first information report), a gap that has invited the Supreme Court’s scrutiny. Sources suggested that CBI fears evidence destruction in the case.

The metropolis police arrested had the civic volunteer who had easy access to the hospital, soon after they launched an investigation, but the Calcutta high court handed over the probe to CBI amid allegations of evidence destruction and cover-up. The central agency had pointed to the lack of evidence in the Supreme Court as well.

CBI sources said they were not convinced about the answers Ghosh gave during his quizzing. While the former RG Kar principal had said he got to know about the incident at 10:20 am, his driver had informed officials that he was asked to come to the Ghosh residence at 6 am, the sources said.

The RG Kar incident had sparked massive protests, brought the functioning of the hospital as well as Bengal’s health system under the scanner, prompted a scrutiny of the case by the Calcutta HC and the Supreme Court, spawned allegations of a larger conspiracy, led to the passing of a stringent anti-rape bill in the state assembly, and sparked a bitter political war of words.

The victim’s mother reacted to the decision of bail, saying, “We are very disheartened. This has happened only because the CBI did not file a charge-sheet.” Expressing disappointment with the CBI investigation, the parents of the deceased doctor said they were heartbroken with the two key suspects in the case getting bail and it seemed like the “system” was failing them. “We thought the CBI would speed up the investigation and bring those responsible to justice. But now, with the accused being granted bail, it feels like the system is failing us,” said the mother of the victim trainee doctor. “Every day, we wonder if this will be another case in which the powerful escape without punishment,” she said.

Utpal Bandhopadhay, one of the agitating doctors, said he was shocked at the news. “We can imagine what the family is going through now and we are with the family as we are Abhaya’s family. We will once again begin our protests. We want to know the secret behind why the CBI did not submit any charge-sheet.”

Previously, the CBI had submitted before the Additional Chief Judicial Magistrate of Sealdah court that they had “telephonic evidence” against the two accused. “Evidence has come on record that the accused persons wanted to hush up and downplay the incident as there are a number of recorded incriminating calls as well as videos in the extracted data,” the agency’s submission had read. They had also noted that both the accused denied permission for a polygraph test.

The trial court’s granting bail to the Ghosh and Mondal further strengthen the Kolkata police’s initial statement that the arrested civil volunteer Sanjay Roy was the sole accused and it was not a case of gang rape as was initially suspected by the family.

Incidentally, the senior Supreme Court advocate Vrinda Grover this week announced that she would no longer represent the family of the RG Kar victim. Ms Grover and her chamber had been providing legal assistance to the victim’s family not only at the Supreme Court but also at the Calcutta High Court and Sealdah Court where the trial in the case has commenced.

“At this stage, on account of certain intervening factors and circumstances, the chamber of Advocate Vrinda Grover is constrained to withdraw from the case proceedings in this matter and will no longer be representing the victim family. The concerned trial court has also been informed accordingly and the counsels stand discharged from the trial,” a statement from the chamber of advocate Vrinda Grover said.

The statement added that the victim’s family had been represented every day, in the day to day trial in Sealdah sessions court since November 4, 2024, and also before the ACJM Court for remand hearing on all dates of production since September 25, 2024. “During this period, the evidence of 43 prosecution witnesses has been recorded, and bail of other accused persons consistently and successfully opposed. The remaining prosecution evidence is due to be completed in the next 2-3 days,” the statement added.

Advocate Grover’s chamber has provided legal services and representation, completely pro bono to the victim family, before all courts from September 2024. The statement added that the prosecution has been assisted professionally by the complainant counsels and the same has been observed by the learned trial court on multiple occasions.

Prior to Vrinda Grover, Bikash Ranjan Bhattacharya, who is also a Rajya Sabha MP from the Communist Party of India (Marxist), had represented the victim’s family before the Calcutta High Court and the Supreme Court.