Prime Accused In IIT-G Rape Case, Utsav Kadam, Granted Bail By Gauhati High Court

Prime accused in the IIT-G rape case, Utsav Kadam, has been granted bail by the Gauhati High Court on Monday citing that the accused is a future asset being a talented student pursuing a technical course.

It added that there is no possibility of him tampering with the evidence if released on bail.

Advocate KN Choudhury informed the single-judge bench of Justice Ajit Borthakur that is accused is a 21-year old and a brilliant student B. Tech Pre-final year in chemical engineering.

He reiterated that Kadam has been in judicial custody for about 120 days in connection with the case, which is entirely based on the assumption of commission of the offence of rape without any credible evidence. 

"On hearing the learned counsel for both sides with reference to the relevant documents such as F.I.R., medical report and statements under Sections 161 and 164 Cr.P.C., the contents of the charge-sheet, the Fact Finding Committee Report etc., there is a clear prima facie case as alleged against the accused petitioner" the court order said.

"However, as the investigation in the case is completed and Page No.# 5/6 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. A perusal of the list of witnesses too, cited in the charge-sheet, this Court finds no possibility of the accused tampering with their evidence or influencing them directly or indirectly, if released on bail," it added.           

On March 28, 2021, Kadam was arrested for allegedly raping a student of the institute during a cultural event as part of Holi celebrations.

A case (53/21) under section 376 of the Indian Penal Code (IPC) was registered at Amingaon police station against Kadam.

He was earlier denied bail on June 15.