The Gauhati HighCourt in a recent judgement regarding the IIT rape case granted bail to theaccused because he was a 'talented student' making him a potential asset forthe country.
The 21-year-oldaccused was arrested on 3 April after allegedly sexually harassing a femalestudent on 28 April this year. Now, the court has granted this suspendedstudent bail.
The reasoning behindhis bail has drawn a lot of flak on Twitter, and users are not happy that theaccused might get away with it only because he is apparently talented.
Hearing a bailapplication by the accused BTech student, Justice Ajit Borthakur said there isa clear prima facie case as alleged against the petitioner based on all theevidence.
"However, as theinvestigation in the case is completed and both the informant/victim girl andthe accused are the state's future assets being talented students pursuingtechnical courses at the IIT, Guahati,...continuation of detention of theaccused...if charges are framed, may not be necessary," the order said.
The court in itsorder on August 13 noted that both are young -- in the age group of 19 to 21 --and further, they hailed from two different states.
"A perusal ofthe list of witnesses too, cited in the charge-sheet, this Court finds nopossibility of the accused tampering with their evidence or influencing themdirectly or indirectly, if released on bail," it added.
Accordingly, the highcourt granted bail to the accused for ₹ 30,000 bond along with twosureties.
The court also said,"It is pertinent to be mentioned that it is judicially well settled thatwhile dealing with a bail application, the Court is not called upon to discussthe merits or demerits of the evidence available against the accused, but, somereasons for prima facie concluding while bail is being granted need to beindicated in brief."
Advocate SumitraSarma, appearing on behalf of the complainant, had argued against bail beingallowed.