A fresh legal battle has reached the Supreme Court after an appeal challenged the Allahabad High Court’s decision granting anticipatory bail to Swami Avimukteshwaranand Saraswati in a case under the Protection of Children from Sexual Offences (POCSO) Act.
Background of the Case
The case stems from allegations involving two minor boys during a camp in Prayagraj. A Special POCSO Court had directed registration of an FIR last month following a complaint by Ashutosh Brahmachari.
After the FIR, the accused approached the High Court seeking anticipatory bail, which was granted.
While granting relief, the High Court raised questions on the prosecution’s version. It noted that the minors allegedly shared the incident with the complainant instead of their guardians, calling it inconsistent with normal conduct.
The Court also pointed to a six-day delay in filing the FIR and observed that the victims were not immediately taken to their families or authorities. Media interaction by the victims was also flagged as contrary to established procedure.
Further, the Court expressed reservations about the medical evidence and referred to a prior dispute involving the accused during arrangements at the Sangam.
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Challenging this order, the complainant has argued that the allegations are serious and punishable up to life imprisonment, and anticipatory bail in such cases should be rare.
“The High Court exceeded its jurisdiction by examining evidentiary aspects at the bail stage,” the plea states.
It also raises concerns about the accused’s influence potentially affecting the investigation and witnesses.
The appeal clarifies that it does not address the truth of the allegations but focuses on the legal principles governing anticipatory bail under special laws like the POCSO Act.
The matter has been placed before the Supreme Court for consideration of the challenge to the High Court’s order.
