Allahabad HC Grants Anticipatory Bail to Swami Avimukteshwaranand in POCSO Case
The Allahabad High Court has recently granted anticipatory bail to Swami Avimukteshwaranand Saraswati in a case registered under the Protection of Children from Sexual Offences (POCSO) Act, along with sections of the Indian Penal Code (IPC). The ruling, delivered by a bench of Justice Saurabh Srivastava, provides interim protection from arrest to the religious leader.
The case stems from an FIR lodged on May 17, 2024, at the Lanka police station in Varanasi. The complaint, filed by the father of a minor boy, alleged sexual assault and threats against his son by Swami Avimukteshwaranand Saraswati. The FIR included charges under Sections 3/4 of the POCSO Act, along with IPC Sections 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation).
During the proceedings, counsel for Swami Avimukteshwaranand Saraswati contended that the FIR had been lodged with malafide intentions, aiming to tarnish his image and malign the institution he is associated with. The defense highlighted what it described as vague and general allegations, an unexplained delay in the lodging of the FIR, and the absence of a medical report that could corroborate the charges. These points were presented to argue that custodial interrogation of the applicant was not necessary at this stage.
After reviewing the arguments and materials presented, the court noted the nature of the allegations and the submissions made by the defense. The bench ultimately decided to grant anticipatory bail, imposing several conditions on Swami Avimukteshwaranand Saraswati.
- Bail Bond: The applicant must furnish a personal bond of Rs 50,000 with two sureties of the like amount.
- Cooperation: Swami Avimukteshwaranand Saraswati is mandated to cooperate fully with the ongoing police investigation.
- Non-Interference: He must not tamper with evidence or influence witnesses associated with the case.
- Travel Restriction: The applicant is prohibited from leaving the country without prior permission from the court.
The court has scheduled the next hearing for July 15, 2024, at which point the investigating agency, the Circle Officer (CO) of Bhelupur, is expected to file a counter-affidavit. The granting of anticipatory bail means that while the applicant is protected from immediate arrest, the investigation into the allegations will continue, and the legal process will proceed as per established procedures.