Utsav Kadam, prime accused in IIT-Guwahati rape case, granted bail

Guwahati: The Gauhati High Court on Monday granted bail to Utsav Kadam, the prime accused in the IIT-Guwahati rape case. The bail was granted on grounds that the accused is a future asset being a talented student pursuing a technical course at IIT–Guwahati and the court finds no possibility of the accused tampering with the evidence if released on bail. 

The single-judge bench of Justice Ajit Borthakur, hearing the plea of Utsav Kadam for the sexual offence under sections 376/328/307/120B of the IPC, was informed by Advocate KN Choudhury that the accused is about 21 years old and a brilliant student of B. Tech Pre-final year of Indian Institute of Technology, Guwahati in chemical engineering. KN Choudhury further contends that the accused 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. 

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The court order mentioned, “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. 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.” 

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Appearing on behalf of the victim, Sumitra Sarma vehemently opposed the granting of bail to the accused in such a serious offence which is against society. 

The court directed Utsav Kadam to furnish a personal bond of Rs 30,000 with two sureties of the like amount. It also directed that the accused/petitioner shall not leave the territorial jurisdiction of the Court of learned Sessions Judge, Kamrup at Amingaon without prior written permission of the Sessions Judge, Kamrup at Amingaon. 

On March 28, 2021, an undergraduate student of IIT-Guwahati alleged sexual assault after she was found unconscious outside her hostel. According to the victim’s FIR dated April 7, 2021, the accused lured her to Aksara School premises, in the pretext of discussing her responsibility as the Joint Secretary of the Finance and Economic Club of the students of the IIT-Guwahati and after making her unconscious, by forcibly administering alcohol raped her. The victim regained her consciousness at around 5 am, the next morning at Gauhati Medical College and Hospital (GMCH), where she underwent treatment and forensic examination etc. She was discharged from GMCH on March 29, 2021, and then shifted to the Hospital at IIT Guwahati where she underwent treatment till April 3, 2021.

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