The Allahabad High Court on Wednesday granted anticipatory bail to Swami Avimukteshwaranand Saraswati in a case filed under the Protection of Children from Sexual Offences Act.
The case was registered after a Special POCSO Court directed the police to investigate allegations that the religious leader had sexually abused two minor boys at a camp.
The complaint was reportedly filed by Ashutosh Maharaj, who is also involved in the Krishna Janmabhoomi–Shahi Eidgah dispute.
After the FIR was registered by Prayagraj police, the accused approached the High Court seeking anticipatory bail.
Justice Jitendra Kumar Sinha, while granting relief, raised several doubts about the case. The Court noted that the victims did not inform their parents but instead told the complainant, who was not closely related to them. It said this was unusual.
The Court also pointed out a delay in filing the complaint. According to the record, the victims informed the complainant on January 18, but the police complaint was filed six days later. The reason given was that the complainant was busy with religious activities.
Another concern raised by the Court was that the victims were seen giving interviews to Hindi news channels after the FIR. The Court said this was against the rules under POCSO law and called it “highly condemnable”.
On the medical side, the Court noted that no external injuries were found on the victims, and the doctor did not give a clear conclusion about sexual assault. It also observed that the medical examination of the accused had not been conducted.
The Court further said that the allegations need to be examined carefully, especially since there was already a dispute between the accused and local authorities on the same day the complaint was made.
Earlier, the Court had granted interim protection from arrest. Now, it has ordered that if the accused is arrested, he should be released on anticipatory bail.
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