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In a controversial observation, Gauhati High Court has granted bail to a 21 year old IIT-Gauhati student who was accused of rape while noting that the accused and survivor are the State’s future assets.

Despite the observation that there is prima facie case against the rape accused, the court granted him bail noting that there is no possibility for him to influence witnesses or tamper with the evidence as the investigation is complete.

“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, continuation of detention of the accused in the interest of trial of the case, if charges are framed, may not be necessary,” noted Justice Ajit Borthakur.

21 year old Utsav Kadam allegedly met the 19 year old victim to discuss her responsibilities as the Joint Secretary of the Finance and Economic Club. In the FIR, it was submitted that Kadam forced her to have alcohol and raped her.

Bail On The Grounds Of Academic Excellence

Kadam’s lawyer sought bail citing the reason that he is a young youth aged about 21 years and is a brilliant student of B. Tech Pre-final year of Indian Institute of Technology (IIT), Guwahati in chemical engineering.

“Mr. Choudhury, learned Senior counsel also contends that…being a student of I.I.T., Guwahati, further continuation of his detention for the purpose of trial of the case may not be warranted and that would amount to causing further damage to his brilliant academic pursuit,” the order said.

Accused Utsav Kadam has been granted bail for a bond of ₹ 30,000 and on the condition that he cannot leave Kamrup district without informing the Judicial Magistrate.

He has been booked under Section 376 (rape), Section 328 (causing hurt by poison etc, with an intent to commit an offence), Section 307 (attempt to murder) and Section 120B (criminal conspiracy) of the Indian Penal Code.


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