SC Says Asaram Can Get Bail Only if His Life Is in Danger

SC Seeks State's Response Before Bail

A Bench of Justices MM Sundresh and Sheel Nagu further noted that it was not disposed of granting any bail without hearing the State or unless there was something to show clear medical condition requiring intervention. 

"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.

2013 Minor Rape Case

In August 2013, a girl (as the case records disclose that Asaram’s devotee was a minor girl then), who was allegedly made to sit in an ashram in Manai area of Jodhpur city of Rajasthan by Bapu was sexually assaulted and intimidated through criminal means.

The self-styled godman Asaram Bapu along with two other convicts (hostel warden Sanchita Shilpi, and school director Sharad Chandra) was convicted by a trial court in the case, following which he and the two others challenged the order in the Rajasthan High Court.

However, the Rajasthan High Court concluded that ingredients of criminal conspiracy and gang-rape were not proved, and therefore acquitted the three convicts from charges of criminal conspiracy and gang rape. Later the said three convicts appealed to the apex court.

Medical Condition Cited by Asaram's Lawyer

A medical condition and a 'social media trial' concern was raised by Asaram’s lawyer DS Naidu before the Court today. 

"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.

State Opposes Bail in Sensitive Case

In opposition to granting interim bail, the state maintained that the said is a sensitive case where the survivor of sexual assault is a minor and Asaram is being provided all the necessary medical attention.

He had even received medical attention earlier this month, it pointed out. Thus, according to the State, there is no necessity of giving interim bail on medical grounds. 

Urgent Listing Allowed if Health Worsens

Observing that necessary medical treatment for Asaram is already underway, the Bench said the prayer for interim bail shall be considered after hearing from the State. It however, said that in case of worsening health, Asaram is welcome to approach for urgent listing.

"We can just say medical facility given to petitioner shall continue. If there is absolute necessity to preserve life, we may grant liberty 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 reopening. Liberty to the petitioner for urgent mention in case condition deteriorates," the Bench said.