Supreme Court: The bench of Ashok Bhushan and Naveen Sinha, JJ has dismissed a petition filed against the Allahabad High Court order granting bail to former BJP MP Swami Chinmayanand in a case pertaining to the alleged rape of a law student in Shahjahanpur, Uttar Pradesh.
The bench also issued a notice to Chinmayanand on another plea seeking transfer of the trial in the rape case against him from Uttar Pradesh to Delhi. It, however, refused to stay the trial of the case. The Bench, while refusing to interfere with the Allahabad High Court order, said the High Court had imposed sufficient conditions to ensure that the accused would not tamper with evidence or threaten witnesses.
Senior advocate Colin Gonsalves, appearing for the victim, claimed that secret videos of the law student (/topic/law-student) bathing were filmed, which were used by Chinmayanand to threaten her and to rape her. He told the court that the High Court, while granting bail, had noted that there was an apprehension of tampering with evidence and threatening but Chinmayanand was still granted bail.
The court, however, said that the apprehensions are taken note of by the High Court which is why certain conditions were imposed, else it would have been an unconditional bail.
“We understand your anxiety but the High Court is monitoring the investigation pursuant to the Supreme Court’s orders. Protection is provided in a substantial manner. Everything has been considered and a charge sheet is filed. When charges have to be framed, the law will take its course,”
In February, Allahabad High Court had transferred from Shahjahanpur to Lucknow the trial in the sexual abuse case against Chinmyanand. The Allahabad High Court had on February 3 granted bail to Chinmayanand, a former Union minister of state, in the alleged rape case filed by a woman who studied law in a college run by Chinmayanand in UP’s Shahjahanpur.
In December 2019, the 23-year-old law student, who has accused Chinmayanand of rape, was released from a district jail in connection with an extortion case after she was granted bail by Allahabad High Court.
The woman was arrested on September 25 in connection with an extortion case filed on the basis of Chinmayanand’s complaint alleging that she, along with three of her friends, had demanded Rs 5 crore from him. Chinmayanand had alleged that they threatened to make public some purported videos of him getting a massage from the law student. On the other hand, the woman had alleged that she was repeatedly raped and blackmailed by Chinmayanand for over a year.