Guwahati High Court grants bail to 'Talented' IIT student accused in rape case

Guwahati: The Guwahati High Court granted bail to an IIT student accused of a rape case nothing that being a talented and bright student, the accused is the state's future asset.

High Court Justice Ajay Borthakur observed that there was a 'prima facie case' against the accused and an offence of rape has been made under sections 376/328/307/120B of the Indian Penal Code.

"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 I.I.T., Guwahati, who are young in the age group of 19 to 21 years only and further, they are being hailed from two different states, the continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary," remarked the Court while granting him bail.

The prosecution intensely opposed the bail application. Reading out the accused’s bail order, the court said, “A perusal of the list of witnesses too, cited in the charge-sheet, this Court finds no possibility of the accused tampering with their evidence or influencing them directly or indirectly if released on bail.”

According to the FIR, the accused called the victim to the premises of Aksara School on the evening of March 28 for discussing her responsibility as the Joint Secretary of the Finance and Economic Club of the college and forcefully asked her to drink alcohol. He allegedly raped her after she fell under the influence of alcohol and was unconscious.

The accused’s counsel said that the accused cannot tamper with the evidence since the investigation was already complete and that prolonging his detention for the purpose of the trial would “amount to causing further damage to his brilliant academic pursuits”.

The prosecution argued that the offence was serious in nature and one that was against society as a whole and the release of the accused would “certainly hamper the trial and cause gross injustice to the victim”.

Justice Ajay Borthakur allowed the bail application on conditions that the accused shall continue to appear before the court on all dates fixed from time to time; shall not directly or indirectly make any inducement, threaten any witness or person acquainted with the facts of the case; and shall not leave the territorial jurisdiction of the court of learned Sessions Judge, Kamrup at Amingaon without prior written permission from him.

The High Court order can be accessed here.