MUMBAI: In a detailed order rejecting Raj Kundra’s bail plea in a pornography case, a magistrate court said the alleged offence is detrimental to the health of our society. It said under such circumstances, societal interest in the prosecution of a crime, which has a wider social dimension, cannot be overlooked.
Raj Kundra (45) and Ryan Thorpe (43), the IT head of his company, were arrested on July 19.
While the bail pleas of the duo were rejected last week, the order was made available on Monday. In their bail pleas they had contended they were falsely implicated and had no active role in the alleged crime. “One of the considerations for refusing or granting bail is the nature of offence and gravity of offence. The effect of alleged offence is having nexus with public at large. The alleged offence is also detrimental to the health of our society,” the court said. The court said since there are allegations that Kundra in connivance with Thorpe deleted some incriminating data, there is every possibility the accused could tamper with the evidence if released on bail.
The court also rejected Kundra’s argument that his detention was not as per law. “The investigating officer has already mentioned the reasons for arrest of both the accused. In such circumstances, it cannot be said that the accused are entitled for bail on the ground that their arrest is illegal,” additional chief metropolitan magistrate SB Bhajipale said.
Kundra has moved a plea against the order before the sessions court.
The court also observed that it appeared that Pradeep Bakshi, an accused who is Kundra’s relative, was absconding. “No doubt both accused are in judicial custody. However, taking the accused in judicial custody by refusing police custody does not mean that the investigation is completed,” the court said. It also pointed out that investigators had gathered a lot of data and the process of analysis was still going on. “Investigation is in progress. At this stage, release of the accused will definitely hamper investigation. Considering the facts and circumstances, both the bail applications are rejected,” the court said.