Aastha Thakur
Published on: 22 December 2022 at 21:40 IST
The Allahabad High Court granted the interim anticipatory bail application moved by Union Minister Chinmayanand Saraswati in connection with the Shahjahanpur Rape Case 2011.
Justice Samit Gopal granted his plea which is valid till February 6. Also directed the victim & the State Government to file response in this matter within four weeks.
The court opined that the State counsel opposed the bail plea, however, fail to furnish factual position with regards to protection granted to the applicant during the investigation time period. The bench concluded that there is need to consider this matter.
The Minister was convicted after a woman of his ashram accused him of committing rape against her. The Police have already filed a chargesheet in the case under IPC Sections 376 (rape) and 506 (criminal intimidation).
The victim alleged that he intoxicated her and established a physical relationship with her by force. He also took obscene videos and photographs, and during all this, she conceived twice, which she was forced to abort.
The Allahabad High Court upheld the decision of CJM, Shahjahanpur refusing to allow the state government applications against plea of quashing of rape case former Union minister Chinmayanand Saraswati.
The Court ordered him to surrender before the trial court by October 30, this period was extended till November 30 by the Supreme Court.
Now moving to the High Court, his counsel argued that though he was given time till November 30 to surrender and apply for bail, however, the same would not in any manner restrict him and bind him for not exploring his remedy available under law under Section 438 CrPC for anticipatory bail.
Hearing the submissions of both party, the court granted him relief till February 6 by making the following order:
“Till the next date of listing, in the event of arrest of the applicant – Swami Chinmiyanand Saraswati, involved in the aforesaid case shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 1,00,000/- (Rupees One lakh) with two sureties each in the like amount to the satisfaction of the court concerned…”
Case title – Swami Chinmiyanand Saraswati Pupil vs. State of U.P. and Anr.