The court said that both the victim and the accused were “talented students” and the “state’s future assets”.
A 21-year-old IIT-Guwahati student, accused of raping his peer in March, was recently granted bail by the Guwahati High Court. However, what baffled many was the notings of the court in its bail order. The court noted that while there was a “clear prima facie case” against the accused, both the victim and the accused were “talented students” and the “state’s future assets”.
The 21-year-old B.Tech student was arrested for “sexually assaulting” his peers from the same department on the IIT-G campus in March.
Justice Ajit Borthakur, hearing a bail application by the accused, said there was a “clear prima facie case as alleged against the accused petitioner.” “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, continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary,” Borthakur said in the order, dated August 13, 2021.
Justice Borthakur said that he had given “given anxious considerations” to the submissions made by both sides, with reference to the relevant documents such as “F.I.R., medical report and statements under Sections 161 and 164 Cr.P.C., the contents of the charge-sheet, the Fact Finding Committee Report etc.”
He concluded that after “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.”
The top court, accordingly, granted bail to the accused for Rs 30,000 bond along with two sureties on the conditions that he continues to appear before the court till the case is disposed of, he “directly or indirectly” does not make any “inducement, threat or promise” to any person acquainted with the facts of the case, and that he does not leave the territorial jurisdiction of the court without prior written permission of the judge.
On the night of March 28, aper the FIR filed by the victim, the accused had “lured” her on the night of March 28 to discuss her role and responsibility in a college club. She alleged that he had made her “unconscious” by “forcibly administering alcohol” and then “raped” her.
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