New Delhi: The Gujarat High Court Wednesday denied temporary bail to Asumal Harpalani alias Asaram Bapu, who had sought the release on the grounds that he was 84 years old and susceptible to contracting Covid-19 in jail.   

Lodged in a prison in Jodhpur, Rajasthan, Asaram was convicted in a case of sexual assault on a minor. He is also facing trial in a rape case in Gandhinagar court and so had approached the court seeking temporary bail for four months on various grounds.  

In denying Asaram bail, Justice A.S. Supehia observed, “The applicant in the present application has made a specific averment that he has a number of followers all over the world and in India. Considering the said averment, it would not be apposite to release the applicant on bail in light of the prevailing situation of Covid 2019, since there is a strong possibility that on release of the applicant, his thousands of followers will congregate to meet him, which will aggravate the distressing situation.” 

Asaram’s lawyers referred to news reports claiming that there were high chances of him getting infected in Rajasthan’s jails. They had pointed out that he has been in judicial custody for several years now and that he is suffering from various diseases as well.  

“Learned advocate for the applicant has further submitted that the applicant is 84 years of age and as per her information in the Jodhpur Jail, some of the prisoners are affected with coronavirus and hence, there is every likelihood that the applicant may also get affected by this virus,” the court order noted.  

‘Cited similar reason for bail in March’

The government lawyer, however, pointed out that Asaram had approached the court citing the same reasons in March.  

The court had rejected his earlier application on 30 March, noting that he was involved in “very serious offences” and that his case did not fall in the guidelines issued by the High Powered Committee constituted to look into temporary release of certain category of prisoners due to Covid-19.  

While this committee has recommended the release of those undertrial prisoners who have been accused of offences punishable with imprisonment up to seven years, Asaram is facing charges with maximum punishment of life imprisonment.  

The state government also submitted that jail authorities in Rajasthan are taking ample precautions to curb the spread of Covid-19 among inmates. 

Accepting the government’s submissions, the court now noted that no new ground had been raised by Asaram in his application and rejected it.