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IIT Guwahati Rape Case: Accused granted Bail by HC on grounds of being “talented, future asset”

While granting bail, the HC noted that there is clear prima facie against the accused based on available evidence.

The Guwahati High Court, in its ruling pertaining to the IIT Guwahati Rape Case of March 28, 2021, granted bail to the accused on grounds of being “the state’s future asset”.

Hearing a bail petition by the accused IIT Guwahati BTech student Utsav Kadam, Justice Ajit Borthakur, on one hand, succinctly noted that based on the the medical records, FIR, fact-finding committee report, content of the charge sheets, and statements, there was a clear prima facie against the accused.

The HC however, went on to grant bail to the accused, saying that, “since the investigation in the case has been completed 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, a continuation of detention of the accused if charges are framed, may not be necessary.”

Some other reasonings that were provided were that both the accused and the victim belonged to different states, and are “only of the 19-21 age group”. “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,” it added.

As per the prosecution’s case, on the night of March 28, the accused had lured the victim girl of the same educational institution into school premises on the pretext of discussing her responsibility as the Joint Secretary of the Finance and Economics Club of the students of IIT Guwahati.

There, the accused forcibly administered alcohol to her and raped her while she was unconscious. The victim only gained consciousness at 5 am the next morning.

She underwent treatment and forensic examination etc. at Guwahati Medical College and Hospital (G.M.C.H.), Guwahati, and thereafter, she was discharged from G.M.C.H., Guwahati and then shifted to the Hospital at IIT, Guwahati where the underwent further treatment.

As per one of the doctors on duty at GMCH, Arnab Choudhury – who filed a complaint to the police station regarding the victim’s admission, it was a case of “ingestion of unknown substance and sexual assault”.

As per the Internal Complaints Committee (ICC) report, which was also submitted before the Guwahati High Court in May, the victim was in an unconscious state for two hours on the night of March 28th and deliberately left to die by the main accused Utsav Kadam and four other students. 

Appearing on behalf of the victim, Senior Advocate Sumitra Sharma vehemently opposed the granting of bail to the accused in such a serious offence against the society. 

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