Asaram Bapu seeks interim bail on medical grounds; Supreme Court asks Rajasthan to check his health reports

The Supreme Court on Friday asked the Rajasthan government to examine the health reports of self-styled godman and rape convict Asaram Bapu, to examine whether his present condition warrants his release on interim bail on health grounds [Asha Ram @ Ashumal v. State of Rajasthan].

However, the State told a Bench of Justices MM Sundresh and PB Varale that Asaram is fit and had visited Ayodhya and Kashi three months ago.

Nevertheless, the State lawyer told the Bench that they will seek further instructions from the authorities.

"Three months back, he went to Ayodhya, Kashi Vishwanath, he walked everywhere. He is in fit condition. We will take instructions," Solicitor General Tushar Mehta told the Court on behalf of the Rajasthan government.

The State was asked by the Bench to respond by July 21.

The Court was hearing Asaram's plea challenging the Rajasthan High Court's decision to uphold his conviction for sexually assaulting a minor devotee in Jodhpur in 2013.

Asaram also sought interim bail while his appeal remains pending.

The Court had earlier indicated that it was not inclined to grant such interim relief without hearing the State's response in detail or unless Asaram's health condition clearly warrants it.

A few days ago, Asaram’s counsel told the Court that he has developed “acute internal bleeding” following which the Court listed the matter today.

Today, Solicitor General Tushar Mehta expressed reservations over grant of interim bail should on health grounds.

"He needs some lifestyle changes," Mehta added.

The Court said it would go by the State's evaluation, but asked it to consider the matter carefully.

"If you say there is no need, we will not do it (grant bail). One thing is if his condition is so serious… we don’t want ourselves or you to be blamed. That’s the only thing," the Court said.

SG Mehta said that the State would file its response by July 20.

"There is some bleeding because of some gastro problem. That appears to be a temporary phenomenon. He is taking medication," Mehta added.

"Please take appropriate instructions because we don’t want any untoward thing to happen. If anything likely, we will give (bail) for some time only for that purpose. If anything likely," said the Court.

Asaram's counsel, meanwhile, maintained that his health condition was serious.

"He is at high risk," insisted Asaram's lawyer.

The Court replied that it would wait to hear what the State's response on the matter is.

"We can’t decide that. We hope and trust that they (State) will take a call on it," the Bench said.

"We leave it to you," the Court told the State.

The matter is listed next on July 21 by when the Rajasthan government is expected to file its response.

The case involves allegations that a devotee of Asaram Bapu, then a minor, had been wrongfully confined in the godman's ‘kutiya’ (thatched house) 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 Sections 370(4), 342, 509, 506, 354A and 376(2)(f) Indian Penal Code, Section 23 of the Juvenile Justice(Care and Protection of Children) Act, 2000 and Sections 3, 4, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO 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.

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