Swami Avimukteshwaranand Will Not Go to Jail

Swami Avimukteshwaranand Will Not Go to Jail
A bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh dismissed the petition filed by the complainant, Ashutosh Brahmachari. The bench stated, “Sorry, we will not interfere in this matter.” On March 25, the Allahabad High Court granted anticipatory bail to Swami Avimukteshwaranand and his disciple, Mukundanand Brahmachari, in a case registered against them under the POCSO Act. On May 29, the Supreme Court refused to interfere with the Allahabad High Court’s order—issued on March 25—which had granted anticipatory bail to Swami Avimukteshwaranand Saraswati in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh dismissed the petition filed by the complainant, Ashutosh Brahmachari. The bench stated, “Sorry, we will not interfere in this matter.” On March 25, the Allahabad High Court granted anticipatory bail to Swami Avimukteshwaranand and his disciple, Mukundanand Brahmachari, in a case registered against them under the POCSO Act. However, the High Court restrained both the original complainant and the petitioners (Swami Avimukteshwaranand and his disciple) from making any statements to the media regarding this matter. The Court had directed both parties to cooperate with the investigation. This case pertains to an FIR registered at the Jhusi Police Station in Prayagraj, following directions from the POCSO Court, alleging the sexual exploitation of several ‘Batuks’ (young disciples) by the accused. The Special Leave Petition (SLP) filed by the complainant, Ashutosh Brahmachari, challenges the legal basis of the High Court’s March 25 order, arguing that in cases involving grave offenses against minors, anticipatory bail should be granted only under exceptional circumstances. The petition argues that the allegations against the accused are grave—carrying a potential punishment of up to life imprisonment—and that the High Court failed to apply the established principles regarding the grant of anticipatory bail in such cases. It emphasizes that courts must exercise extreme caution, particularly where special statutes, such as the POCSO Act, impose a stringent legal framework.