The Gauhati High Court has granted bail to a student of the Indian Institute of Technology(IIT), Guwahati, accused of raping a fellow student, after observing that he was a “talented, young student and a future asset to the state” even though the high court had observed there is a clear prima facie case against the accused.
“..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,” Justice Ajit Borthakur observed.
The FIR said that on 28.03.2021, the accused lured the victim to Aksara School premises, on the pretext of discussing her responsibility as the Joint Secretary of the Finance and Economic Club of the students of the IIT, Guwahati, and after making her unconscious by forcibly administering alcohol, raped her.
The accused has been charge-sheeted under Sections 376(Punishment for rape.), 328(. Causing hurt by means of poison, etc., with intent to commit an offence.), 307(attempt to murder) 120B(criminal conspiracy) of the Indian Penal Code(IPC) and has been in judicial custody for about 120 days in connection with the case.
The public prosecutor opposed the bail plea contending that the allegations were made in detail by the victim in her F.I.R. and in the statements recorded under Sections 161 and 164 Cr.P.C. and further, the charge-sheet prima facie established a clear case in her favour.
