Rajasthan High Court denies bail to Asaram Bapu in 2013 rape case

The Rajasthan High Court on Thursday rejected a plea moved by Godman Asaram Bapu seeking suspension of sentences in case relating to sexual assault of a minor [Asharam @ Ashumal v State of Rajasthan]..A division bench of Justices Vinit Kumar Mathur and Sandeep Mehta was hearing the third application such application filed by Bapu after he was convicted and sentenced to life imprisonment for sexually assaulting a minor.“Looking to (sic) the nature and gravity of the allegations, and considering the fact that the appeal itself is ripe for hearing, we are of the opinion that the appellant does not deserve indulgence of bail,” the Jodhpur bench of the High Court held. .Asaram moved the plea on the ground that he was an old, aged man of around 83 years and was suffering from numerous ailments.He stated that he had been in prolonged custody of 9 years and 7 months, and thus, deserved the indulgence of bail.It was also stated that from a bare perusal of the victim’s statement, it was clear that the offences, for which he had been convicted were prima facie not made out..However, the court did not find sufficient material to allow the application..Asaram Bapu was arrested on charges of raping a minor girl in 2013. The offence was said to have taken place in Jodhpur’s Manai village in August 2013.An FIR was initially registered against him on August 20, 2013. He was arrested on the midnight of August 31, 2013 for charges made out under the Indian Penal Code (IPC), the Juvenile Justice Act (JJ Act) and the Protection of Children from Sexual Offences (POCSO) Act..As per the chargeseet, submitted in November 2013, Asaram and the other accused were booked for various offences under the IPC, the JJ Act and the POCSO Act, including trafficking, rape, outraging a woman’s modesty, wrongful confinement and criminal intimidation..Following Asaram’s arrest, two women from Surat also filed a complaint, alleging that they were raped by Asaram and his son between 2002 and 2005. The criminal trial for the Jodhpur rape case commenced in 2014 and lasted for four years. Over the course of trial, nine witnesses were attacked, of which three witness were killed..Senior Advocate Devadatt Kamat, advocates Rajesh Inamdar and RS Saluja appeared for the applicant while the respondent was represented by AAG Anil Joshi, Public Prosecutor RR Chhaperwal and advocate PC Solanki..[Read Order]