Gujarat High Court has rejected the anticipatory bail plea of Swaminarayan sect’s fugitive monk, Swami Dharmaswaroopdas Maharaj. The case registered at Bhayavadar police station in Rajkot pertains to the alleged rape of a woman after marrying her in a guesthouse. 

The high court on Monday dismissed Swami Dharmaswaroopdas’ anticipatory bail application, stating that custodial interrogation of the accused is crucial in such a serious and sensitive case.

In his anticipatory bail application, the accused argued that the woman’s parents had placed her in Khirasara Gurukul as she wished to become a sadhvi. 

He claimed that the woman was an adult and that they got married in the guesthouse, making their relationship consensual, thus ruling out a rape charge. 

Notably, the Swami fled the country after the case was registered. The state government strongly opposed the anticipatory bail application, asserting that the accused had lured and deceived the woman, taking her to the guest house under false pretences. 

At the guest house, he allegedly conducted a ritualistic marriage and claimed to be her husband before sexually assaulting her. Furthermore, he allegedly threatened the woman to keep quiet and convinced her that he would remain a monk while she would become a sadhvi. It was also revealed that the woman was allegedly forced to undergo an abortion after the woman got pregnant following the alleged assault.

One of the key points highlighted in the case was that only Vadtal Dham had the authority to grant Diksha, yet the accused Swami had performed the initiation ceremony at the Gurukul. Since the incident, the accused has been on the run and is considered a fugitive. A lookout notice has also been issued against him.  

The prosecution presented WhatsApp chats between the woman and the accused, along with evidence backed by Forensic Science Laboratory (FSL) before the Gujarat HC. 

The public prosecutor argued that the accused Swami faces serious charges of rape, and granting him anticipatory bail would send a negative message to society and the Swaminarayan sect. It was also contended that he could influence witnesses and tamper with evidence if released on bail.

Considering the gravity of the crime, the high court upheld the state’s arguments and outrightly rejected Swami’s anticipatory bail application.

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