Bail Denied in Rape Case: RJ HC
D.D:07-07-2022
The Rajasthan High Court denied Godman Asaram Bapu’s motion to suspend sentences in a case involving the sexual assault of a minor [Asharam @ Ashumal v. State of Rajasthan].
Justices Vinit Kumar Mathur and Sandeep Mehta were hearing the third application filed by Bapu after he was convicted and sentenced to life in prison for sexually assaulting a minor and sentenced to life in prison.
The Jodhpur bench of the High Court ruled that the appellant did not merit bail based on the nature and severity of the allegations, as well as the fact that the appeal itself was ready for hearing.
Asaram filed the petition on the grounds that he was an 83-year-old elderly man suffering from multiple ailments.
He stated that he had been incarcerated for nine years and seven months, and therefore deserved bail.
It was also stated that it was evident from a cursory reading of the victim’s statement that he was not guilty of the crimes for which he was convicted.
The court, however, did not find sufficient evidence to grant the application.
2013 saw the arrest of Asaram Bapu on charges of raping a minor girl. The alleged offence occurred in the Manai village of Jodhpur in August 2013.
On August 20, 2013, a FIR was initially registered against him. In accordance with the Indian Penal Code (IPC), the Juvenile Justice Act (JJ Act), and the Protection of Children from Sexual Offenses (POCSO) Act, he was arrested at midnight on August 31, 2013.
According to the chargeseet submitted in November 2013, Asaram and the other accused were indicted for various violations of the Indian Penal Code, the Juvenile Justice Act, and the Protection of Children from Sexual Offenses Act, including trafficking, rape, outraging a woman’s modesty, wrongful confinement, and criminal intimidation.
Following Asaram’s arrest, two women from Surat filed a complaint alleging they were raped between 2002 and 2005 by Asaram and his son.
The felony trial for the alleged rape in Jodhpur began in 2014 and lasted four years. In the course of the trial, nine witnesses were attacked, and three were murdered.
The applicant was represented by Senior Advocate Devadatt Kamat, Advocates Rajesh Inamdar and RS Saluja, and the respondent was represented by AAG Anil Joshi, Public Prosecutor RR Chhaperwal, and Advocate PC Solanka.
Asharam @ Ashumal
versus.
State of Rajasthan
