Guwahati (Assam), August 24: Guwahati High Court granted
bail to IIT Guwahati student accused of raping a fellow student despite stating
that there was "clear prima facie case as alleged against the accused
petitioner" as the accused and the victim were both talented students and
"state's future assets".
The 21-year-old student was accused of sexually
assaulting a fellow student on the campus in March 2021.
Justice Ajit Borthakur in the bail hearing held
recent further stated, "However, as the investigation in the case is
completed, and both the informant/victim girl and the accused are the state’s
future assets, being talented students pursuing technical courses at IIT,
Guwahati, who are young in the age group of 19 to 21 years only, and further,
they are being hailed from two different states, (so) continuation of detention of
the accused in the interest of trial of the case, if charges are framed, may
not be necessary.”
He further added in his judgment that, the case has been “given anxious
considerations” to the submissions made by both sides, with reference to the
relevant documents.” The accused was charge-sheeted under Sections 376 (rape), 328 (for administering a harmful substance), 307
(attempt to murder) and 120B (criminal conspiracy) of the IPC
Also, it was added that “perusal of the list of
witnesses”, the court found “no possibility of the accused tampering with their
evidence or influencing them directly or indirectly, if released on bail.”
According to the FIR filed by the victim on April 3,
the accused lured her on the night of March 28 to discuss roles and
responsibility in a college club and she said that there he made her
unconscious by forcibly administering alcohol to her and then he raped her.
The victim was moved to Guwahati Medical College and
Hospital (GMCH) and according to doctors report she was critical and only gained
consciousness the next day.
Advocate KN Choudhry, from the petitioner’s side,
said that the accused was a “brilliant student” and the “investigation has
already been completed”. He added that there was “no chance of him jumping the course of justice in any manner” and that further detention may “amount to
causing further damage to his brilliant academic pursuit.”
However, advocate Sumitra Sama appearing for the victim’s side and additional public prosecutor D Das vehemently opposed the bail “in such a serious offence, which is against the society.” Das said that if bail was granted to the accused it could hamper the case.