Gujarat High Court: In an application filed by Narayan Sai seeking grant of bail, the Division Bench comprising of Ilesh J. Vora* and P. M. Raval, JJ, allowed Narayan Sai to be released on temporary bail of 5 days to meet his ailing old father Asaram Bapu. The bail was granted on humanitarian grounds considering that the father and son had not met each other personally since Narayan Sai’s incarceration in 2013.
Background
The present application was filed by the applicant-convict Narayan Sai for suspension of sentence and grant of temporary bail. Narayan Sai has been under arrest since 2013 and was convicted by the Sessions Court of Surat on 30-4-2019, for offences punishable under Sections 376(2)(f), 376(k), 376(n), 377, 354, 323, 504 and 506(2) of Penal Code, 1860.
Narayan Sai is the son of Asaram Bapu who is currently undergoing rigorous imprisonment in Jodhpur Jail for the offence of rape. The victim in the case of Narayan Sai was aged between 18-20 years when she joined Asaram Bapu’s ashram as a ‘sevika’ in 2001. Subsequently, it was alleged that Narayan Sai forced her into the act of unnatural sex and raped her. In 2013, when Asaram Bapu was arrested by Jodhpur police for the offence of rape, the victim also gathered the courage to report the acts of Narayan Sai.
Contentions
The counsels appearing on behalf of Narayan Sai requested that Narayan Sai be released on temporary bail for a period of 15 days to meet his ailing father. 86-year-old Asaram Bapu is currently on temporary bail and is being treated in the Ayurveda Hospital in Pune. The counsels for Narayan Sai further submitted that Asaram Bapu’s condition is highly critical as his medical reports indicate that he has 90 per cent blockage in his coronary vessels and as a result of the same, he has suffered several heart attacks while in jail. It was further submitted that Asaram Bapu is suffering from several age-related ailments and Narayan Sai being his only son may be allowed to personally visit his old ailing father.
The counsels also brought to the attention of the court that by an order dated 18-10-2024, the Court had allowed Narayan Sai to visit his father in Jodhpur jail. However, due to financial constraints of Narayan Sai, it could not be made possible.
Per contra, the counsels for the victim argued that Narayan Sai had been convicted of serious offences and his conduct while imprisoned has not been good. They pointed out that on an earlier occasion, Narayan Sai had submitted forged documents while applying for temporary bail on medical grounds of his mother and the Division Bench had issued a direction to lodge an FIR and had imposed cost of Rs 1 lakh.
The counsel for the victim also suggested that Asaram Bapu can meet his son in the Surat jail or the meeting can be arranged by video conferencing. The counsel further pointed out that a furlough application of Narayan Sai was recently rejected by a Single Judge Bench of the Gujarat High Court citing the likelihood of breach of law and order situation.
Decision
Giving due regard to the submissions by both the counsels, the Court allowed Narayan Sai to be released on temporary bail for 5 days on humanitarian grounds. The Court noted that Narayan Sai has been incarcerated since the year 2013 and since the arrest of him and his father, there has been no occasion for them to meet personally. The Court granted a temporary bail of 5 days on humanitarian grounds considering the failing health of Asaram Bapu and allowed Narayan Sai to meet with his father. The Court further noted that on an earlier occasion when Narayan Sai was released on temporary bail with police surveillance, no untoward incident was reported.
Thus, the Court released Narayan Sai on temporary bail with the police surveillance (japta) the cost of which has to be borne by him. Additionally, he is not allowed to meet with any of his followers or his father’s followers in a group.
The Court has further clarified that the grant of bail is purely on humanitarian grounds and no order as to the merits of the case have been passed.
The criminal appeals are further listed on 11-7-2025 for final hearing.
[Narayan Sai v. State of Gujarat, Crl. M.A. 1 of 2025 in CA 1756 of 2019]
Order by- Justice Ilesh J. Vora
Advocates who appeared in this case :
For the Applicant: Shalin Mehta (Sr. Advocate), Raajen D Jadhav, Ashish M Dagli
For the Respondent: LB Dabhi (APP), Nandish Thakkar, Bhagirath N Patel