'Future Asset': Gauhati HC Grants Bail to 'Talented' IIT Student Accused of Rape Despite 'Prima Facie Case'

The Gauhati High Court recently granted bail to an IIT B.Tech student accused of sexually assaulting a fellow student, after observing that he is a “talented, young student and a future asset to the state” of Assam.

Justice Ajit Borthakur said that there was a “clear prima facie case” against the accused, but there is “no possibility” for him to influence witnesses or tamper with the evidence as the investigation is complete, Bar and Bench reported.

The court said that after hearing the counsel for both sides with reference to the relevant documents such as FIR, medical report and statements, etc., there is a clear prima facie case as alleged against the accused petitioner.

“However, as the investigation in the case is complete 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, and are young in the age group of 19 to 21 years and hail from two different States, continued detention of the accused may not be necessary,” the court said.

The prosecution vehemently 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 forced her to drink alcohol. He allegedly raped her after she fell unconscious.

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

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

Justice 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.

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