MUMBAI: A packet of condoms found in a youth’s pocket may not be a decisively important evidence, the Bombay high court said recently while ordering the release on bail of a 25-year-old Pune IT professional arrested for his alleged involvement in a colleague’s gangrape Justice Anant Badar granted bail to Abhijit Devroy on a personal bond of Rs 50,000. Abhijit is a co-accused in the case, in which the main accused, Abhinay Sahi, allegedly took the victim to a flat in Dhanori, spiked her drinks and gangraped her with his friends.Abhijit and two others were arrested on the basis of the victim's statement that when she regained consciousness, Abhinay allegedly told her that he was not the only one who had sexually assaulted her.The prosecution had claimed that Abhijit’s t-shirt was torn at the time of his arrest and a packet of condoms was seized from his pocket.“Finding a packet of condom in the pockets of young boys cannot be given overbearing importance, more particularly when the evidence against (Abhijit) is only utterances by the main accused, Abhinay Sahi,” said Justice Badar. “A statement so found in the FIR cannot be susceptible to the only one meaning that everybody present in the flat had sexual intercourse or that they all were acting in furtherance of common intention constituting a group.”The court also took note of the fact that the victim had modified her police statement two months later, saying that Abhinay had told her his friends had also raped her. The court said that considering the nature of evidence against Abhijit, “though the offence alleged is grave with severe punishment, his pre-trial detention is not warranted”. The court added that Abhijit was not shown to have any criminal antecedents.The case of the techie ’s gangrape had shocked Pune earlier this year. According to the police, the victim and Abhinay, who work in a leading Indian software company, had agreed to go to a company party together on February 27, 2016. Though the victim said she did not want to drink and drive, he took her to a hotel where they had cocktails. The victim claimed that Abhinay allegedly spiked her drinks. She woke up around 2am in a flat in Dhanori with pain all over her body and her private parts and her clothes were torn. When she inquired, Abhinay reportedly told her that he alone was not involved and to ask others present in the room. He then dropped her home. The victim informed her father of what had happened and they lodged a complaint with the Mundwa police station. A medical report confirmed forcible sexual intercourse. The police initially arrested six persons, including a girl who was present in the Dhanori flat at the time of the incident. However, subsequently, it dropped the case against the girl and another room mate.In its bail older, the court asked Abhijit to not tamper with evidence or threaten or induce witnesses. He has also been barred from leaving India without the court’s permission.