Allahabad High Court grants anticipatory bail to Swami Avimukteshwaranand Saraswati in POCSO case

The Allahabad High Court on Wednesday granted anticipatory bail to Swami Avimukteshwaranand Saraswati, a popular religious figure in Uttar Pradesh, in a case registered against him under the Protection of Children from Sexual Offences (POCSO) Act.

A Special POCSO Court had last month ordered the police to register a case against the religious figure to probe allegations of sexual abuse against him. It was alleged that Swami Avimukteshwaranand had sexually abused two minor boys at a camp.

According to media reports, the order was passed on the complaint made by Shankuri Peethadheshwar Ashutosh Maharaj, a plaintiff in the Krishna Janmabhoomi–Shahi Eidgah title dispute.

Following the registration of the first information report (FIR) by Prayagraj police, the accused moved the High Court for anticipatory bail.

Today, Justice Jitendra Kumar Sinha said that the victims not narrating the incident to their natural guardian and narrating the same to the complainant, who is a stranger, is not consistent with normal course of human conduct and behaviour.

It also questioned the delay in registration of the case. The Bench further said that the victims were in constant company of the informant and were not handed over to their parents or authorities before February 25.

"The victims have stated that they had informed the first informant about the commission of the offence on 18.01.2026 and therefore, there is delay of 6 days in lodging information to the police for the first time and for this, the first informant has assigned the reason that he was engaged in "Pooja / Yagya"," the Court noted.

The Court also took note of the fact that after lodging of the first information report (FIR), the victims were interviewed by various Hindi News Channels in violation of the established procedure of POCSO and Juvenile Justice Act.

"The victims were found giving interviews to leading Hindi News Channels, which is highly condemnable and deplorable in the facts and circumstances of the case and not consistent with law and procedure related to POCSO cases," it said.

Further, the Court questioned the medical evidence against accused.

"The medical report as prepared by the doctor does not find any external injury on the person of the victims and it has been opined that the sexual assault cannot be ruled out and FSL report has been sought, which clearly shows that the conclusive finding has not been given by the doctor regarding commission of sexual assault on the victims. The medical examination of the applicants have not been conducted, which are required in cases involving sexual assault," the Bench said.

The Bench also called for greater scrutiny of the allegations, noting that a dispute had occurred between the State authorities and the accused prior to the complaint.

"The date of first informant receiving information regarding commission of the offence from victims and the dispute that arose between the applicant no.1 and the administration regarding taking of bath in Sangam on the holy occasion of Mauni Amavasya is the same i.e. 18.01.2026, therefore, the facts are required to be looked into with greater care and caution," it said.

On February 27, the Court had granted interim protection from arrest to the accused. Today, it directed that in the event of his arrest, he shall be released on anticipatory bail.

Senior Advocates Dilip Kumar with Advocates Rajshri Gupta, Sudhanshu Kumar and Varadh Nath represented Avimukteshwaranand.

Additional Advocate General Manish Goyal, Government Advocate Patanjali Mishra and Additional Government Advocate Roopak Chaubey appeared for the State.

Advocate Reena N Singh represented the complainant.

[Read Order]