GUWAHATI, August 23: The Gauhati High Court has granted bail to a 21-year-old student of IIT-Guwahati who is accused of raping a female student of the institute, noting that “being a talented student, the accused is the state’s future asset.”
According to reports, police had arrested the accused on April 3, 2021 for the crime allegedly committed on March 28, 2021.
The High Court bench, however, did hold that prima facie, an offence of rape had been made of against the student-accused who has been charge-sheeted under Sections 376/328/307/120B of the IPC.
“On hearing the learned counsel for both sides with reference to the relevant documents such as FIR, medical report and statements under Sections 161 and 164 CrPC, the contents of the charge-sheet, the fact finding committee report etc, there is a clear prima facie case as alleged against the accused petitioner,” the High Court order stated.
Appearing on behalf of the informant/victim, advocate S Sarma “vehemently opposed grant of bail to the accused in such a serious offence, which is against the society.”
“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 the IIT-Guwahati, who are young in the age group of 19 to 21 years only, and further, they hail from two different states, continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary,” the order stated.
After perusal of the list of witnesses too, cited in the charge-sheet, the court found “no possibility of the accused tampering with their evidence or influencing them directly or indirectly, if released on bail.”
The court ordered that the accused be released on bail of Rs 30,000 with two sureties of the like amount to the satisfaction of the Sessions Judge, Kamrup at Amingaon.
Setting conditions, the court directed that the accused/petitioner shall continue to appear before the trial court, on all dates to be fixed from time to time, till the case is disposed of.
“The accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the police officer or the court,” it stated.
“The accused/petitioner shall not leave the territorial jurisdiction of the Court of Sessions Judge, Kamrup at Amingaon without prior written permission. Any violation of the above conditions will warrant cancellation of the bail order after due process of law,” it stated.