Guwahati HC Grants Bail To Student Of IIT Guhawati Who Was Arrested On Rape Charges

Case Background

• Utsav Kadam, a student of IIT Guwahati, was arrested and kept in judicial custody on the charge of raping a fellow female student.
• It was alleged by the victim that the accused had invited her in the pretext of discussing her role as Joint Secretary of the Finance and Economics Club. Thereafter, he made her become unconscious by forcibly giving her alcohol, and raped her.
• Kadam was accused under Sections 307, 328, 376, and 120B of the Indian Penal Code. He had applied for bail under Section 439 of the Code of Criminal Procedure, 1973.
• The respondents argued that there are chances of hampering the trial proceedings if the accused is allowed to be released on bail.
• It was submitted by the petitioner that the accused is a brilliant student studying at IIT Guwahati, and detention would affect his education. Further, it was also assured that the accused would not do any injustice with respect to the trial proceedings.

Court Order

• The Court observed that irrespective of the merits and demerits of the evidence produced against the accused, it is important for Courts to consider other important factors.
• It was also opined by the learned judge that releasing the petitioner on bail is less likely to hamper the trial proceedings.
• The petitioner was directed to be released on bail of Rs. 30, 000/-. He was further directed to appear before the Trial Court on relevant days until the disposal of the case.
• The Court also ordered him to not engage in any activity that is likely to impact the proceedings, and also to not leave the territorial jurisdiction of the Trial Court.

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