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Another day in court, another night in jail. That's the reality of Raj Kundra's life and as I had already told you in my video last night that his bail application will be rejected today and that is what happened.
A court in Mumbai denied bail again to Raj Kundra and Ryan Thorpe in a case related to the alleged production and distribution of pornographic content through mobile apps.
In a dramatic day at court, Raj Kundra's lawyer questioned the basis on which the police was arguing, and asked: "Is the accused a terrorist?"
To this, the government lawyer promptly replied, "Digital evidence in the case has been destroyed."
Raj Kundra's lawyer Aabad Ponda pleaded for parity saying that the chargesheet in the case had been filed a long time back and that all the other accused in the case had already been released on bail then why not his client?
He also stated that Raj Kundra has been in custody for a long time and that he had been co-operating with the ongoing investigation - a claim that Mumbai police has denied as per all previous media reports.
In the end, Kundra's lawyer Ponda assured that continued co-operation from his client in the investigation if bail is granted.
He went on to say that people with graver offences had been granted bail, whereas Raj Kundra had been accused of offences where maximum punishment was 7 years.
His lawyer said, "The question is not whether he is innocent or not, it is whether he can be released on bail or not." Many legal experts say that in such cases the lawyer's main aim is secure bail, that's it, because once Raj Kundra is out, he won't go back into the jail ever, as per most experts.
Little wonder then that the prosecution side opposed Raj Kundra's bail application stating that the investigation was still in progress.
It also argued that there is a possibility of Raj Kundra tampering with evidence if he was granted bail. It was said that "needy women were being forced into this crime, while the accused were rich and influential people."
It was further argued that there were more victims whose statements are yet to be recorded, and that Raj Kundra a British national could always flee to the United Kingdom.
At this point, Raj Kundra's Ponda argued that the Court could always impose security conditions like confiscation of passport and taking Court's permission before leaving the country, and that Raj Kundra's passport was already with the Crime Branch.
He submitted a rejoinder stating that the police had not shown a single incident where Kundra had asked or threatened people to not give statements to the police.
After hearing the arguments at length, the judge rejected Raj Kundra's bail and sent him back to where he came from - the Arthur Road jail.
Yes, Raj Kundra, who is in judicial custody for the next two weeks has been lodged at Mumbai's high security prison - the Arthur Road Jail that has been home to many infamous inmates like Sanjay Dutt, Ajmal Kasab and Abu Salem.
But what has made the matters worse for Raj Kundra is the fact that atleast four of his own employees have turned witnesses against him, according to sources.
And the troubles just don't seem to stop for Raj Kundra. Now, just today, another FIR registered in the case that relates to him. This time at the Malvani Police Station in Mumbai in connection with Raj Kundra's role as an alleged “key conspirator” in a case of making pornographic films and publishing them through mobile applications.
Here, a 21-year-old girl has alleged that she was forced into doing “bold scenes” by the accused by promising money and also using threats.
An officer said the victim, who hails from Madhya Pradesh, said that she was forced into exposing herself by the accused on three platforms that includes the Hotshots, Gupchup and Neuflicks.
While Raj Kundra is not directly named in the FIR that has the names of people like Ajay Srimant, Abhijeet Harishchandra, Gehna Vasisth, Prince Kashyap and other, the sources said that since Raj Kundra ran the hotshots app, he too will be probed in the case.
The victim said that she was promised that the videos will not be uploaded on any app. However, she later found that the three apps contained videos of her in "compromising positions".
And what happens in the Bombay High Court tomorrow will be very important as it will decide the fate of Raj Kundra.
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