Prayagraj: The Allahabad high court on Monday granted bail to former Union minister Swami Chinmayanand five months after he was arrested when a 23-year-old student at a law college he runs in Shahjahanpur accused him of rape. It also ordered that the trial in the case be concluded within one year while shifting it to a Lucknow court from Shahjahanpur.
The case was transferred after the woman cited Chinmayanand’s influence and the capacity to “influence/tamper with the evidence”. A fair trial in his home town of Shahjahanpur may not be possible, the woman pleaded.
Justice Rahul Chaturvedi directed the Lucknow court to take up the case on a priority basis, preferably on a day-to-day basis. He directed the Lucknow police to ensure the security of the woman, her family members, and witnesses during the trial. The court directed an officer of the rank of senior sub-inspector and armed constables should be deployed for their safety.
The court directed Chinmayanand to remain present in the court when the trial begins and the charges are framed. “In case he is absent without proper reason, the same may be considered as abuse of liberty of bail,” the court said.
A Special Investigation Team (SIT) of the Uttar Pradesh Police arrested Chinmayanand from Shahjahanpur on September 20 but on a lesser charge than that of rape after dragging its feet for around two weeks.
{{/usCountry}}A Special Investigation Team (SIT) of the Uttar Pradesh Police arrested Chinmayanand from Shahjahanpur on September 20 but on a lesser charge than that of rape after dragging its feet for around two weeks.
{{/usCountry}}Chinmayanand was granted bail two months after the high court granted bail to his accuser, whom the former Union minister has accused of trying to extort Rs 5 crore from him.
The SIT last year booked the law student and three others on Chinmayanand’s complaint that they had allegedly demanded the money and threatened to release objectionable videos if he did not pay.
Chinmayanand was arrested days after the Supreme Court on September 2 directed the Uttar Pradesh government to form an SIT to probe the sexual harassment allegations against him. He was booked under sections 376C (sexual intercourse by a person in authority), 354D (stalking), 342 (wrongful confinement) and 506 (criminal intimidation) of the Indian Penal Code (IPC).
The student has expressed dissatisfaction over his arrest under weaker sections of the IPC and not rape (section 376).
Under section 376, the minimum punishment is seven-year imprisonment that can extend up to a life term. Under section 376C, there is minimum punishment of five years that can extend up to 10.
The alleged rape came to light when the woman went missing in August after posting a video on social media alleging that a “senior leader of the seer community” was harassing and threatening to kill her. She did not name Chinmayanand in the video.
The Supreme Court took cognisance of the matter and directed the state government to form the SIT to probe the matter.
On August 25, Chinmayanand’s lawyer, Om Singh, filed a case on his behalf for extortion and threat against four people, including the law student.