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Old and unrelated photo misrepresented as IIT-BHU rape case accused celebrating after bail

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Recently, the Allahabad High Court granted conditional bail to two of the three accused in the IIT-BHU (Banaras Hindu University) rape case. In this context, a photo purportedly showing three men cutting a cake is being widely shared on social media platforms (here, here, here, and here). The claim accompanying the photo suggests that it shows the three accused in the IIT-BHU gang rape case celebrating by cutting a cake after being released on bail. Some posts also suggest that BJP workers are celebrating with the accused after their release on bail. The man in the middle of the viral photo is BJP MLA Saurabh Srivastava from Varanasi Cantt, while the others are unidentified. In this article, let’s fact-check the claim made in the post.

The archived version of this post can be found here.

Claim: Photo shows the three accused in the IIT-BHU gang rape case celebrating by cutting a cake after being released on bail.

Fact: This viral photo dates back to 2021 and does not show the three accused in the IIT-BHU gang rape case celebrating after being granted bail. According to reports, only two of the accused, Anand alias Abhishek Chauhan and Kunal Pandey, have been released on bail. The other accused, Saksham Patel, has not yet been granted bail; his bail application is set to be reviewed on 14 September 2024. The viral photo features BJP MLA from Varanasi Cantt, Saurabh Srivastava, along with Saksham Patel, who is an accused in the IIT-BHU rape case, and other BJP workers. Hence the claim made in the post is False.

On 01 November 2023, a 22-year-old B. Tech student of IIT-BHU (Banaras Hindu University) was allegedly gang-raped by three members of the BJP IT Cell inside the BHU campus in Banaras district, Uttar Pradesh, India (here). The three accused Anand alias Abhishek Chauhan, Kunal Pandey, and Saksham Patel were arrested on 31 December 2023. According to reports, the BJP’s Varanasi district chief stated that the party had expelled three of its workers following their arrest by the Varanasi Police in connection with the molestation of an IIT-BHU student. However, the party did not reveal the arrested individuals’ designations or roles within the party. Recently in August 2024, the Allahabad High Court granted conditional bail to two of the three accused in the IIT-BHU rape case. However, the court did not approve the bail application for the third accused, Saksham Patel, whose case will be reportedly reviewed on 14 September 2024. According to reports, the two accused who were granted bail were welcomed with garlands.

To verify the viral claim and gather more details, we conducted a Google reverse image search that led us to a report by Aaj Tak dated 01 September 2024. According to the report, BJP MLA Saurabh Srivastava clarified to Aaj Tak that the viral photo is old. He explained that the photo was taken during the pandemic, which is evident from the mask seen around his neck. He also stated that he has no connection with the accused. The man seen in the middle of the viral photo is BJP MLA Saurabh Srivastava from Varanasi Cantt.

During this search, we also found several posts on X (formerly Twitter). In response to one such post, a user commented (archived link) that the viral photo is old and dates back to 2021. The user also posted a screenshot of the Instagram handle of BJP MLA Saurabh Srivastava from Varanasi Cantt, which featured a similar photo.

Taking this as a cue, we then located the Instagram account of BJP MLA Saurabh Srivastava, where we found a couple of photos similar to the viral one, uploaded on 12 July 2021, with the caption: ‘Happy Birthday to BJP’s Metropolitan Vice President Mr. Madhukar Chitransh and young activist Mr. Saksham Singh Patel’ (translated from Hindi to English). Saksham Patel is one of the three accused in the IIT-BHU rape case. It should be noted that Saksham Patel has not yet been granted bail in this case; according to reports, his bail application is set to be reviewed on 14 September 2024. From all this information, it is clear that the viral photo is old, dating back to 2021, and it features BJP MLA from Varanasi Cantt, Saurabh Srivastava, along with Saksham Patel and other BJP workers.

To sum it up, an old and unrelated photo is being shared as if it shows the IIT-BHU rape case accused celebrating after being granted bail.

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