Jodhpur: The order on self-styled godman Asaram's bail application has been reserved. The victim's lawyer said the order will be pronounced after 2 pm on Wednesday.
During the arguments on the bail plea, the prosecution lawyer argued that Asaram is an influential man and if the court grants bail, he can influence the case and witnesses. The lawyer argued that giving bail to Asaram will demoralise investigating agencies considering it has been difficult to arrest him.
The prosecution also told the court that the Jodhpur DCP got a fax threatening him over the case.
Asaram on Tuesday, refuted the rape charge against him by a 16-year-old girl, saying her medical report does not support her allegation as the court put off till Wednesday hearing on his bail plea.
72-year-old Asaram was sent to jail on Monday after he was remanded in 14-day judicial custody by a court here. Asaram was arrested in Indore following an FIR lodged by the victim that she was sexually assaulted by him.
Asaram's counsel KK Menon, arguing on his bail plea before District and Sessions Judge (Rural) Manoj Kumar Vyas, alleged that the police had worked under the pressure of media and prepared FIR in a hurry.
Menon later told reporters, "The FIR against Asaram does not stand as there are several lacunae in it." "There were some additional inputs in the FIR after MLC (Medico Legal Certificate) conducted on the victim. MLC report does not support the statements made by the girl. Hence, the case does not fall under section 376 (rape charge) of IPC...outraging of modesty is not attracted...it is bailable, and bail should be granted to my client," he said.
Asaram has been booked under sections 376, 342, 506 and 509 of the IPC, section 8 of the Prevention of Children from Sexual Offences Act (POCSO) and sections 23 and 26 of the Juvenile Justice Act in connection with the alleged assault.
The defence claimed that the victim was not minor as was being claimed and in fact was an adult and so the charges under POSCO against Asaram also do not stand.
Asaram was arrested amid high drama on the intervening night of Saturday-Sunday in Indore and brought here on Monday for interrogation. He has denied the charges.
He has cleared a potency test conducted on him at the SN Medical college here. To recreate the incident, police had also also taken to his Manai Ashram, about 30 km from Jodhpur, where the girl was allegedly sexually assaulted.
(With additional information from PTI)