Top Court Rejects Asaram's Bail Plea In Jodhpur Rape Case On Medical Grounds

The Supreme Court on Tuesday refused to grant an immediate relief of bail to self-styled godman Asaram Bapu, while seeking a reply from the state authorities on his plea challenging the Rajasthan High Court's decision to uphold his conviction for sexually assaulting a minor devotee in Jodhpur in 2013.

The top court said that it would like to hear both sides before deciding the question of bail for Asaram.

Asaram, 90, sought an interim bail from the Supreme Court on medical grounds while also challenging his conviction. 

A Bench of Justices MM Sundresh and Sheel Nagu clarified that it is not inclined to grant bail without hearing the State or unless Asaram's health condition clearly warrants it. 

"We are not granting bail now. Subject to hearing the state, we will consider if there is grave necessity to grant bail, like (if his health condition is such that) his life is in danger. But we are issuing notice in the Special Leave Petition (SLP). We have to consider it. Three weeks to file counter," the Court said.

The top court also clarified that in case Asaram's health deteriorated, he can approach court for bail in the meanwhile. 

The case pertains to allegations that a devotee of Asaram Bapu, then a minor, had been wrongfully confined at his ashram in Jodhpur's Manai in August of 2013 and subjected to penetrative sexual assault and criminal intimidation. 

A trial court convicted Asaram Bapu and two co-accused, hostel warden Sanchita Shilpi and school director Sharad Chandra, prompting them to move an appeal before the Rajasthan High Court. 

In May this year, the High Court upheld Asaram Bapu's conviction for rape and related offences under POCSO and Juvenile Justice Act.

However, the High Court found that the ingredients of criminal conspiracy and gang rape were not made out. Therefore, it acquitted Asaram Bapu and the two co-accused of those offences. 

This led to the appeal before the Supreme Court for Asaram, Senior Advocate DS Naidu today urged the top court to consider his medical condition and also expressed concerns about a social media trial. 

"Many a time your lordship has heard this case. He is 90 now and he has medical issues. He was given treatment at an Ayurvedic hospital. This court is our only hope, because now the conviction is by the social media," Naidu said. 

The State counsel opposed any grant of interim relief, pointing out that matter involves a minor victim. The court was further informed that Asaram was taken to hospital earlier this month, when it was required. There is no need to release him on bail, he maintained.