"A clear prima facie case against the accused, but the State's future asset in the form of a brilliant student:" The Gauhati High Court has granted bail to an IIT student accused of rape. The accused is also unlikely to sway witnesses or tamper with evidence, according to the Court. Despite the fact that there was a clear prima facie case against the accused, the Gauhati High Court recently granted bail to a B.Tech student from IIT Guwahati accused of rape on a fellow student (Utsav Kadam vs. the State of Assam). Justice Ajit Borthakur reasoned that the accused is a bright young student who would be a future benefit to the State and that he is unlikely to sway witnesses or tamper with evidence. However, because the investigation into the case is complete, and both the informant/victim girl and the accused are the State's future assets as talented students pursuing technical courses at IIT Guwahati, are young in the age group of 19 to 21 years, and come from two different states, the Court decided that continued detention of the accused may not be necessary.
However, the bail application was fiercely opposed by both Additional Public Prosecutor D Das and Advocate S Sarma, who was representing the victim. Das said that the victim had a strong case and that putting the accused on bail would stymie the trial and create grave injustice to the victim. According to the victim's attorney, the offence was serious in character and against society as a whole. However, after considering the facts and circumstances, the Court decided that the accused's detention was unnecessary, noting that the accused had no way of tampering with the evidence or influencing witnesses directly or indirectly.
As a result, Justice Ajit Borthakur granted the bail request with the following conditions:
Tags : #Gauhati High Court #Section 376Bail matter #Rape case #IIT Guwahati