The Supreme Court on Friday refused to interfere with the anticipatory bail granted to Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Brahmachari by the Allahabad High Court in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said it would not interfere with the high court order, noting that the allegations required a detailed examination.
High Court Order Upheld
On March 25, the Allahabad High Court had granted anticipatory bail to Swami Avimukteshwaranand and Brahmachari, observing that the allegations against them did not prima facie constitute an offense under the POCSO Act. The high court had also noted that the complainant, a minor girl, had made contradictory statements during the investigation.
Supreme Court's Stand
The Supreme Court, while declining to entertain the plea challenging the bail, said it was not inclined to interfere with the high court's order at this stage. The bench, however, clarified that the observations made by the high court would not prejudice the trial. The court also directed that the trial be concluded expeditiously, preferably within six months.
The case dates back to 2023 when a complaint was filed alleging that Swami Avimukteshwaranand and his disciple had sexually assaulted a minor girl. The Allahabad High Court, while granting anticipatory bail, had imposed certain conditions, including that the accused would not tamper with evidence or influence witnesses.
The Supreme Court's decision comes as a relief to the accused, who had been facing the prospect of arrest. The court's refusal to interfere underscores the principle that high court orders granting bail are not lightly interfered with unless there is a clear case of abuse of power or miscarriage of justice.
The matter is now set to proceed in the trial court, which has been directed to expedite the proceedings. The Supreme Court's order is likely to be cited in similar cases where anticipatory bail is challenged on grounds of serious allegations.
