No immediate bail for Asaram Bapu in 2013 rape case; Supreme Court says will consider if his health deteriorates

The Supreme Court on Tuesday sought the response of the Rajasthan government to a plea filed by self-styled godman Asaram Bapu challenging the Rajasthan High Court's decision to uphold his conviction for sexually assaulting a minor devotee in Jodhpur in 2013 [Asha Ram @ Ashumal v. State of Rajasthan]..A Bench of Justices MM Sundresh and Sheel Nagu added 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 SLP. We have to consider it. Three weeks to file counter," the Court said. .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.Representing Asaram, Senior Advocate DS Naidu today urged the apex 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. He added that Asaram was taken to hospital earlier this month, when it was required. There is no need to release him on bail, he maintained. .The Court eventually observed that the medical facilities being extended to Asaram can continue for now, and that the question of interim bail would only be examined at a later stage. The Court added that the matter may be mentioned for urgent relief if Asaram's health deteriorates. "We can just say medical facility given to petitioner shall continue. If there is absolute necessity to preserve life, we may grant liebrty and not delay. But we will hear the State. We have to do justice. We have to see now that the petitioner also enjoys a dominant position. Let the treatment given so far be continued. List after re-opening. Liberty to the petitioner for urgent mention in case condition deteriorates," the Bench observed. .Advocates Shraddha Deshmukh, Sarthak Gupta and Kaustabh Khanna appeared for the minor vicitms..[Live Coverage]