A day after getting bail in the case of sexual assault of a law student, former Union Minister Swami Chinmayanand could not secure release from the district jail here on Tuesday for lack of completion of legal formalities.
"The bail papers could not reach here. After they are received, they will be filed in the local court and then he would be released. It can take a few days," Amit Singh, a family member of Chinmayanand, told PTI here.
Shahjahanpur jail superintendent Rakesh Kumar said some people met the 72-year-old former MP after the Allahabad High Court granted him bail on Monday.
Kumar denied reports that sweets were distributed inside the jail to celebrate his bail. "No sweets were distributed in the jail," he said.
While granting him bail, the high court on Monday also transferred Chinmayanand's trial from Shahjahanpur to Lucknow.
"The trial court will take up the case on priority basis, preferably on day to day basis and trial will be concluded within one year," the court said while shifting the trial to the Lucknow district court based on the survivor's apprehension that Chinmayanand, being a powerful person in his home town Shahjahanpur where the trial is currently taking place, could tamper with evidence and influence the proceedings.
Justice Rahul Chaturvedi issued the bail order on the plea filed by the BJP leader.
The order directed Chinmayanand to file an undertaking stating that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court.
"In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law," the order said.
Justice Chaturvedi also directed Senior Superintendent of Police, Lucknow to ensure the security and safety of the survivor, her family members and witnesses during the entire trial period by deputing an officer of the rank of Senior Sub Inspector and armed constables for their protection.
"Chinmayanand alias Krishna Pal Singh be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in case with some conditions," the court said.
On November 16, the court had reserved its order after hearing the counsels from both sides.
Chinmayanand, whose trust runs the Shahjahanpur law college where the woman studied, was arrested on September 20 under section 376-C of the IPC, a charge short of rape. It is applied when someone in authority takes advantage of his official position to "induce or seduce" a woman to have sex with him.
In a parallel case, the woman was charged with trying to extort money from Chinmayanand, whom she had accused of rape.
The high court granted her bail on December 4.
The Supreme Court had stepped in after the 23-year-old law student went missing for a few days in August last year after posting a video clip on social media, alleging sexual abuse.
A special investigation team of Uttar Pradesh Police, formed on the directions of the apex court, arrested Chinmayanand about a month later.
The SIT also arrested the student after a complaint that she and her friends had tried to extort Rs 5 crore from Chinmayanand, threatening to make public videos showing her giving massages to the former minister.
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