TISS rape case: engineering student gets bail

After hearing the arguments,Justice A P Deshpande accepted the defence contention and granted Kundan bail against a bond of Rs 50,000.

Kundan’s bail application was earlier rejected by a sessions court on the ground that a chargesheet was not filed in the case. Immediately after the Trombay police filed the chargesheet,he moved a fresh application claiming that he had no role in the crime.

Ponda also contended that Kundan had just welcomed the rest of the accused and left the house immediately after turning the music on. “He neither raped the girl nor was a witness to the incident,” argued Ponda.

The court observed,“It prima facie appears that Kundan has not participated in the commission of the crime and that he left the place of crime after he switched on the music.”

Though the chargesheet has mentioned that Kundan had left the house,it has also named him as one of the accused who gang raped the victim. The court has now asked for a clear distinction to be made in the role of each accused in the case.

The American student had registered a complaint with the Trombay police station on April 14,alleging that she had been gang raped by six youths,identified as Vinamra Soni,Anish Borkataki,Kundanraj Borgohain,Harshavardhan Yadav,Jasakaran Bhullar and Dev Cyrus Colabawalla.