Court rejects bail pleas of Chinmayanand, rape victim
SHAHJAHANPUR (UP): The bail applications for BJP leader Chinmayanand and the 23-year-old law student who accused him of rape, were both turned down by a court in Uttar Pradesh today. They will now have to approach a higher court for relief.
The 73-year-old former Union Minister has been charged under a law that deals with rape but a sub-section has been applied in his case, which deals with “misusing authority for sexual intercourse”. Days after his arrest on September 20, Chinmayanand was shifted to a hospital and has been there since. The authorities said he was suffering from low blood pressure and chest pain.
Both Chinmayanand and the law student had moved local district and sessions court moving their respective bail applications which had to be heard on Monday.Notably, an LLM student, 23, of SS Law College, run by Mumukshu Ashram of Chinmayanand had accused the Swami of rape and harassment for over a year.
Following her complaint, Chinmayanand was booked under Sections 376 C (sexual intercourse by person in authority), 342 (Wrongful Confinement), 354 D (stalking) and 506 (criminal intimidation) of IPC. He was arrested on September 20 and the CJM court had remanded him to 14-day judicial custody following which he was sent to the district jail same day.
The law student was arrested last week for allegedly trying to extort Rs. 5 crore from Chinmayanand and is in jail. The Special Investigation Team looking into the case said she has “confessed” to the crime.
The decision of the court came as the Congress tried to hold a rally in solidarity with the law student but was stopped by the state police. The party said around 80 of its leaders and workers, including senior leader Jitin Prasada, was taken into preventive custody.
The party’s senior leader Priyanka Gandhi has alleged that the entire administration has been “protecting” the 73-year-old former minister.The charges against Chinmayanand carry a punishment of five to 10 years in jail and a fine. A rape charge would have meant a seven-year jail term, extending to a life term.
The woman’s allegations made headlines when she went missing last month after posting her allegations on Facebook. She later said the police had taken no action despite her 12-page complaint, detailing what she called a year of sexual assault, blackmail and threats.
Following her complaint, Chinmayanand was booked under Sections 376 C (sexual intercourse by person in authority), 342 (Wrongful Confinement), 354 D (stalking) and 506 (criminal intimidation) of IPC. He was arrested on September 20 and the CJM court had remanded him to 14-day judicial custody following which he was sent to the district jail same day.
Later, the law student allegedly accused of participating in an extortion bid of Rs 5 crore from Chinmayanand, was also booked on charges under Sections 385 (Putting person in fear of injury in order to commit extortion), 507 (Criminal intimidation by an anonymous communication), 201(Causing disappearance of evidence), 34 (Acts done by several persons in furtherance of common intention) ofIPC and Section 67 (A) of IT Act.
She was arrested on early Wednesday morning (September 25, 2019), a day before hearing on her plea for anticipatory bail was due in district court. The girl was also sent to jail on 14-day judicial remand after due medical examination on September 25, 2019.
The student’s lawyer filed the bail plea before a sessions court on Thursday, a day after a lower court rejected a similar application. District Judge Ram Babu Sharma fixed September 30 as its date of hearing.
The woman’s anticipatory bail plea was scheduled to be heard on Thursday, but it had become infructuous after her arrest on Wednesday. Three accomplices of the girl – Sanjay Singh, Sachin Sengar and Vikram Singh – were also arrested in connection with the extortion case and they are also in jail. They all had allegedly threatened Chinmayanand to upload his video clips showing him getting massages from the accuser.(With Agency Inputs ),