Allahabad High Court Grants Anticipatory Bail in Sexual Assault Case
Court Decision on Anticipatory Bail
The Allahabad High Court has granted anticipatory bail to Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Brahmachari in a sexual assault case. Justice Jitendra Kumar Sinha delivered the ruling on their bail application on Wednesday. The court also instructed both the complainant and the petitioners not to make any statements to the media regarding the case.
Previously, on February 27, the court had issued a stay on the arrest of Avimukteshwaranand until further orders, stating that he would not be arrested in connection with the alleged sexual abuse of minors and the case registered at the Jhunsi police station in Prayagraj.
Conditions Imposed by the Court
While granting anticipatory bail, the court imposed several conditions on the petitioners, including a prohibition on tampering with evidence and a requirement to appear before the relevant court on the scheduled hearing date. The court emphasized that the petitioners must not offer any inducements or threats to anyone familiar with the facts of the case to conceal information, and they are not permitted to leave the country without prior approval from the court.
The court stated, 'The petitioners, victims, and the complainant are also directed not to provide any statements to any media organization regarding the current case while the investigation or trial is ongoing. Should any of these conditions be violated, the prosecution is free to file an appropriate application to revoke the anticipatory bail.'
Details of the Allegations
In its ruling, the court noted that the victims allegedly informed the complainant about the incident on January 18, 2026, while the complainant reported it to the police on January 24, 2026. The complainant attributed the six-day delay in reporting to being occupied with rituals and ceremonies, having filed an application regarding the alleged incident on January 21.
The court highlighted that the victims had been in continuous contact with the complainant and had not received adequate protection before February 25. After the FIR was registered, the victims' statements were recorded, and various Hindi news channels reportedly violated established procedures under the POCSO and Juvenile Justice Acts by interviewing the victims.
Court's Observations on Victims' Conduct
The court remarked, 'The victims informed the complainant, who is a stranger, without notifying their parents, which is not consistent with normal human behavior.' Furthermore, the court pointed out that the medical report prepared by a doctor did not confirm any external injuries on the victims. The report indicated that the possibility of sexual assault could not be ruled out, and a report from the Forensic Science Laboratory (FSL) was requested, which clarified that the doctor did not provide a conclusion regarding sexual assault. The petitioners had not undergone medical examinations, which are typically required in sexual assault cases.
Background of the Case
It is noteworthy that a case was registered against Swami Avimukteshwaranand and his disciple at the Jhunsi police station in Prayagraj based on an order from the Additional Sessions Judge (POCSO Act) on February 21. The complainant, Ashutosh Maharaj, alleged that during the Magh Mela, when he was at his camp, two minor children approached him and accused Swami Avimukteshwaranand of sexual abuse occurring at his camp. Ashutosh stated that he was disturbed by this and subsequently contacted police officials in Prayagraj to file an FIR.