Relief for seer Avimukteshwaranand: SC upholds pre-arrest bail in POCSO case

NEW DELHI: The Supreme Court connected Friday upheld the Allahabad precocious court's bid granting anticipatory bail to Swami Avimukteshwaranand successful a POCSO lawsuit implicit allegations of sexually assaulting a minor.A seat of Justices MM Sundresh and N Kotiswar Singh dismissed the entreaty filed by complainant Ashutosh Brahmachari challenging the little court's determination granting pre-arrest bail to the seer.The Allahabad precocious tribunal successful March granted anticipatory bail to Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Brahmachari successful a POCSO lawsuit alleging intersexual exploitation of insignificant disciples.Justice Jitendra Kumar Sinha, portion allowing their plea, directed some the accused and the complainant, Ashutosh Maharaj, not to talk to the media astir the case.

The tribunal had earlier stayed Avimukteshwaranand's apprehension connected February 27 and reserved its verdict aft directing the applicants to cooperate with the investigation.The FIR was registered astatine Prayagraj's Jhunsi constabulary presumption connected the directions of a POCSO court. It alleged that respective 'batuks' (young disciples) were sexually exploited by the accused.In his 22-page order, Justice Sinha flagged aggregate inconsistencies successful the prosecution's case.

The tribunal observed that the alleged victims had not initially informed their earthy guardians and alternatively narrated the incidents to the complainant, a stranger, which it said was not accordant with the mean people of quality conduct. It besides questioned the hold successful lodging the FIR.Rejecting the state's contention that the accused should person archetypal approached the sessions tribunal for anticipatory bail, the seat held that the circumstances of the lawsuit justified straight moving the precocious court.

It noted that the FIR had been lodged pursuant to directions issued by a peculiar POCSO justice connected an exertion filed nether Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).The tribunal further pointed to discrepancies successful the timeline presented by the complainant. While the alleged victims were said to person informed Ashutosh Maharaj astir the incidents connected January 18, 2026, the constabulary were approached lone six days later.

Asked astir the delay, Maharaj told the tribunal helium had been occupied with spiritual rituals. The bench, however, noted that during the aforesaid play helium had filed different ineligible exertion relating to a abstracted alleged offence.Justice Sinha besides highlighted what helium described arsenic worldly improvements successful the victims' statements. While the FIR alleged that the incidents took spot betwixt January 2025 and February 2026 during the Maha Kumbh and Magh Mela successful Prayagraj, 1 of the victims aboriginal claimed the battle had occurred successful June 2024 astatine an ashram successful Madhya Pradesh.The tribunal additionally noted that acquisition records showed the alleged victims were students astatine an instauration successful Hardoi alternatively than residents of the ashram. Medical examinations recovered nary outer injuries, portion doctors gave an inconclusive opinion, stating lone that intersexual battle could not beryllium ruled out.The complainant's counsel besides argued that Avimukteshwaranand's assertion to beryllium the Shankaracharya of Jyotishpeeth was disputed. The bench, however, said that contented did not autumn wrong the scope of the proceedings earlier it.