The accused, as well as the survivor, are each the “state’s destiny belongings”, the Guwahati High Court has stated at the same time as granting bail to an Indian Institute of Technology (IIT) Guwahati student accused of raping a fellow student in March this year.
In an order handed on 13 August granting bail to Utsav Kadam, Justice Ajit Borthakur observed, “because the research withinside the case is finished and each the informant/sufferer lady and the accused are the state’s destiny belongings being talented college students pursuing technical courses on the I.I.T., Guwahati, who're younger withinside the age group of 19 to 21 years only and further, they're being hailed from different states, a continuation of detention of the accused withinside the hobby of the trial of the case, if charges are framed, may not be necessary”.
The order turned into handed no matter the truth that the court mentioned that there's a “clear prima facie” case towards Kadam.
“On listening to the discovered recommend for each facet almost about the applicable files which includes F.I.R., clinical record and statements beneath neath Sections 161 and 164 Cr.P.C., the contents of the charge-sheet, the Fact-Finding Committee Report etc., there's a clear prima facie case as alleged towards the accused petitioner,” Justice Borthakur stated.
However, the court mentioned that the research withinside the case is finished, and added, “A perusal of the listing of witnesses too, mentioned withinside the charge-sheet, this Court unearths no opportunity of the accused tampering with their proof or influencing them immediately or indirectly if released on bail”.
It, therefore, granted bail to Kadam, with the usual bail conditions. Among different things, he has been requested to seem earlier than the trial court on all dates constant through the court until the case is disposed of, and has been directed to refrain from making any “inducement, danger or promise to any individual acquainted with the records of the case if you want to dissuade him from disclosing such records to the Police Officer or the Court”.