Supreme Court Challenge Against Anticipatory Bail for Swami Avimukteshwaranand in POCSO Case
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New Delhi, March 26 (NationPress) Spiritual figure Ashutosh Brahmachari Maharaj has approached the Supreme Court to contest the anticipatory bail granted by the Allahabad High Court to Jyotish Peeth Shankaracharya Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Giri, linked to a child sexual abuse accusation filed by the Uttar Pradesh Police.
A Special Leave Petition (SLP) was submitted on Thursday to the highest court, requesting the annulment of the bail granted to the accused.
The SLP seeks to overturn the Allahabad High Court's decision, which provided pre-arrest bail to the Hindu spiritual leader and his co-accused in a case lodged at the Jhunsi Police Station in Prayagraj, under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.
In its ruling on March 25, the Allahabad High Court stated, "Given the factual situation and without expressing any judgment on its merits, a case for anticipatory bail is established."
A single-judge bench presided by Justice Jitendra Kumar Sinha ordered that should an arrest occur, the accused be released on anticipatory bail upon posting a personal bond of Rs 50,000 with two sureties, subject to conditions including cooperation with the investigation and non-interference with witnesses.
The bail order noted several discrepancies in the prosecution's case, such as the delay in filing the complaint and contradictions in the alleged victims' accounts regarding the timing and location of the incidents.
It highlighted that the first informant, who claims to be the victims' guardian, learned of the alleged offence on January 18, 2026, yet reported it to the police only after a delay of six days, attributing it to his involvement in "pooja/yagya."
Importantly, Justice Sinha also prohibited the applicants, victims, and first informant from conducting media interviews while the investigation and trial are ongoing.
The allegations stem from claims of sexual abuse of minors under the POCSO Act, following a complaint lodged by Ashutosh Brahmachari, which led a Special POCSO court to instruct the registration of an FIR in February.
Previously, on February 27, the Allahabad High Court had granted interim protection from arrest to Swami Avimukteshwaranand and required their full cooperation with the ongoing investigation.
During the hearings, the accused asserted that they were being falsely implicated, citing inconsistencies in the victims' statements, the delay in the complaint, and the lack of corroborative medical evidence.
In opposition to the plea, both the Uttar Pradesh government and the complainant argued that the allegations are serious, necessitating custodial interrogation, and expressed concerns that the accused may influence witnesses.
Additionally, Samajwadi Party Chief Akhilesh Yadav commented that the FIR against Swami Avimukteshwaranand seemed politically motivated and intended to damage the reputation of a notable Hindu leader. He suggested that this move stems from malice following tensions during the Magh Mela and warned that such actions could exacerbate unrest in Uttar Pradesh, particularly ahead of elections, while undermining public confidence in governance.