Gauhati HC calls IIT student accused of rape ‘state’s future asset’, grants him bail

By-Arun Shekhar Jawla

On 23rd August, the Guwahati High Court has granted bail to the alleged rapist in the famous IIT-Guwahati rape case. The court’s decision was based on the contention that both the accused as well as the survivor are the ‘State’s future Assets’.

In this case, the prosecution is building a case against the 21-year-old B-Tech student who has raped a 19-year-old woman while being highly intoxicated. Both parties are the student of IIT-Guwahati where the crime happened. While hearing on this matter by a single-judge bench of Justice Ajit Borthakur, it was said by the prosecution that he now possesses enough evidence against the accused to get a clear cut conviction.

On the case’s previous date, the court said that “On hearing the learned counsel for both sides regarding the relevant documents such as FIR, medical report and statements… there is a clear prima facie case as alleged against the accused petitioner”. Still, the petition was granted for bail in such a serious matter.

It has been clearly mentioned by the court that while dealing with a bail application, the court is not called upon to discuss the merits or demerits of the evidence available against the accused, but some reasons for prima facie concluding while bail is being granted need to be indicated in brief.

While demanding bail, Kadam’s lawyer submitted that he is a 21-year-old brilliant B-Tech student at prestigious IIT-Guwahati, who has already been in judicial custody for 120 days. After hearing the defendant, the court cited that Mr Choudhury learned Senior counsel also contends that…being a student of I.I.T., Guwahati, further continuation of his detention for the trial of the case may not be warranted and that would amount to causing further damage to his brilliant academic pursuit. The bail was granted to the accused of a bail bond of ₹ 30,000 & he has been restricted to stay in Kamrup district and he can’t leave without the prior permission of the Judicial Magistrate. It hasn’t been the first time students of IIT-Guwahati were arrested for allegedly raping girls by spiking drinks with drugs.