While knowing that there is an evidential case in opposition to the accused in the IIT, the Gauhati High Court permits his bail on the basis that the culprit is a brilliant student and can be a possible benefit in the nation’s future.
On 3 April, the police brought in the twenty-one-year-old accused after he reportedly sexually tormented a female student of the same institute on 28 March this year. The college administration later suspended him. A forum of Justice Ajit Borthakur, after listening to both sides of the counsels, plus studying testimonials of the FIR, examine details of medical report and assertion under sections 161 and 164 CrPC, seeing the chargesheet’s contents, and after hearing the truth searching committee review, stated that “there was an evidential case as alleged in opposition to the accused. Still, as the examination in the case is done, and both the victim and the accused are the state’s future benefits, they are talented students of the IIT and studying technical courses at the college. They both are in the age between 19 to 21 years only, and they both came from two different states, carrying on the detention of the accused in regard of the trial of the case if charges are imposed, may not be required” the court said on thirteenth August.
The person presenting in court in place of the victim, the advocate Sumitra Sarma, and auxiliary public prosecutor D Das were ardently against the permitted bail given by the supreme court. The criminal has been imposed under section 376 (Rape), 307 (Attempt to Murder), 328 ( Causing harm using poison), and 120 B (criminal conspiracy) of IPC.
Anyhow, the court established that there is no chance of the accused meddling with the evidence or influencing bystanders in any way if released on bail. The court further stated that It is by law resolved that while handling the bail appeal, the court is not look up to talk over the merits and demerits of the proofs obtainable in opposition to the accused, but some reasons for prima facie winding up. In contrast, bail is being allowed needs to be designated in brief.