Supreme Court declines medical bail to Asaram but allows him to have caretaker in jail

The Supreme Court on Thursday refused to grant self-styled godman and rape convict Asaram interim bail on health grounds [Asha Ram @ Ashumal v. State of Rajasthan].

A bench of Justices MM Sundresh and PB Varale nevertheless took into account a medical report submitted by the All India Institute of Medical Sciences (AIIMS) which said that while Asaram might not require hospitalisation, he might need round-the-clock medical assistance.

Hence, the Court ordered that Asaram will be at liberty to avail the assistance of a trained care taker of his choice on round-the-clock basis.

"We have taken note of the letter dated July 31, 2026 by the AIIMS. On the statement of the Solicitor General that the contents of the letter will be considered in letter and spirit, accordingly the petitioner will have liberty to have assistance trained care taker of his choice, on round-the-clock basis," the Court said in its order.

The Court also said that Asaram can mention the bail matter again if his health deteriorates.

"The application stands adjourned with liberty to make a mention in case the health of the petitioner deteriorates," the Court said.

The medical report was submitted after the top court on July 21 ordered the director of AIIMS to constitute a team of doctors to conduct a thorough examination of Asaram.

The bail plea was filed as part of Asaram's appeal challenging the Rajasthan High Court's decision to uphold his conviction for sexually assaulting a minor devotee in Jodhpur in 2013.

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).

This led to the appeal before the Supreme Court.

Asaram sought interim bail on medical grounds while his appeal remains pending.

His plea said that he has developed “acute internal bleeding”.

However, Solicitor General Tushar Mehta, appearing for State of Rajasthan, said on July 17 that just 3 months ago, Asaram undertook journeys to Kashi Vishwanath and Ayodhya after getting bail on medical grounds.

"He got the bail on the ground that he was in vegetative state. But now he is roaming around," the SG said.

On July 17, the Court 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.

The Supreme Court then found it fit to order a comprehensive medical examination of Asaram.

Pursuant to that AIIMS submitted a report after conducting a thorough medical examination of Asaram.

When the matter was taken up on Thursday, SG Mehta on Thursday said that Asaram suppressed the fact that he moved an application for parole.

"They have suppressed one thing. After filing of this petition, they moved an application for parole. In the parole court also they did not point out that there is a petition pending here, here they did not point out that parole is moved and the High Court has granted parole for 20 days on health grounds," he said.

"Parole was filed much earlier. It is granted not on health grounds," Asaram's counsel replied.

The Court eventually passed the order in line with the AIIMS report.

[Read Live Coverage]