In denying Raj Kundra & Ryan Tharp bail in porn case, court makes 4 key observations

Actor Shilpa Shetty’s husband and businessman Raj Kundra and his aide Ryan Tharp's bail application has been rejected by a Mumbai court on Wednesday in a case related to alleged production and distribution of pornographic content. 

Four main observations have been made by the court while denying bail to Raj Kundra and Ryan Tharp:

1) Nature of Offence and Gravity of Offence.

2) Effect of the alleged offence having Nexus with the public at large.

3) Alleged offence is also detrimental to the health of our society.

4) Social inter-set in the prosecution of crime which wider social dimension can not be overlooked.

During the hearing, the Property Cell of Crime Department's official opposed the bail application filed by Kundra and said, “If bail is granted to Raj Kundra, he can tamper with the evidence and influence the witnesses under muscle and money power. Also, Kundra will help his brother-in-law Pardeep Bakshi, who is absconding and accused in the case”. 

The Crime branch official further said, “Accused are active in their role in the case. Raj Kundra is a British National, if bail granted, he can leave India”. 

To this, Raj Kundra’s lawyer & senior advocate Aabad Ponda said, “Is the accused a terrorist? Has any of the victims to date from February in chargesheet or statement said that Raj Kundra has threatened or so? I am British National but they have my passport, so they can put me in terms”.

Advocate Ponda further said, “Chargesheet in the case has been filed since April 2021 and all the other nine accused who were arrested are out on bail. So I plead bail should be granted”.

Hearing the arguments from both sides, the Magistrate court rejected the bail application filed by Raj Kundra and Ryan Tharp. 

Raj Kundra is in Judicial custody for 14 days at Mumbai’s Arthur Road Jail in Byculla amid the ongoing probe. 

Raj Kundra has filed a Criminal Writ Petition in the Bombay High Court, challenging his arrest in the case and calling for an “immediate release”. Bombay High court will hear the matter on Thursday.