The Guwahati High Court recently granted bail to an IIT B.Tech student who was accused of sexually abusing a fellow student, after finding him to be “a young, talented, valuable student and a future asset for the state of Assam.
Justice Ajit Borthakur quoted that there was “a clear prima facie case” against the accused, who was charged under Section 376/328/307 / 120B of the IPC, but he couldn’t possibly influence the witnesses or tamper with the evidence as the investigation is complete, Bar and Bench reported.
The court said after hearing both the sides referring to the relevant documents such as medical reports, FIR, statements, etc, there is a clear prima facie case against the accused.
“However, as the investigation of the case is over and both the victim and the accused being young and talented students, aged between 19-21 years, pursuing a technical course at IIT Guwahati are the future assets for the State, and hence further detention of the accused might not be necessary, ”the court said.
The prosecution strongly opposed the bail application.
While reading the accused’s bail order, the court said, “Reading the witness list too, cited in the charge-sheet, this Court does not find any possibility that the accused may tamper with their evidence or influence them directly or indirectly if released on bail.”
According to the FIR, the accused had called the victim on the premises of Aksara School on the evening of March 28 to discuss her role as Joint Secretary of the Finance and Economics club of the College. The accused later raped her after making her unconscious by forcibly making her consume alcohol, the victim regained consciousness around 5:00 the next morning.
She then received forensic examination and treatment at Guwahati Medical College and Hospital (GMCH), Guwahati, after which she was discharged from GMCH, Guwahati on 29.03.2021 and was then shifted to IIT Hospital, Guwahati where she was treated till 03.04 .2021.
The accused’s counsel argued that the accused cannot interfere with the evidence as the investigation is already complete and that extending his detention for the purpose of the trial “would further cause more damages to his brilliant academic pursuits”.
The prosecution said that the case was serious and grave in nature and was also against society as a whole and that the release of the accused would “disrupt the trial and would also cause gross injustice to the victim”.
Justice Borthakur allowed the bail application on the condition that the accused would continue to appear in the court on all the scheduled dates; he would not directly or indirectly make any inducement, threaten any witnesses or people acquainted with the facts of the case; and shall not relinquish the jurisdiction of the court of the learned Session Judge, Kamrup at Amingaon without prior written consent from him.
