Appeal filed in Supreme Court against grant of anticipatory bail to Swami Avimukteshwaranand in POCSO case

An appeal has been filed before the Supreme Court challenging the Allahabad High Court’s recent order granting anticipatory bail to Swami Avimukteshwaranand Saraswati in a case registered under the Protection of Children from Sexual Offences (POCSO) Act..The appeal filed by complainant Ashutosh Brahmachari argues that the allegations against the accused are grave in nature, attracting punishment up to life imprisonment, and that anticipatory bail in such cases ought to be granted only in the rarest of circumstances..It further raises concerns over the accused’s influence, stating that his standing and following create a real apprehension of interference with the investigation, including the possibility of influencing witnesses and victims..The plea also flags alleged non-compliance with court-imposed restraints on media engagement, pointing out that the accused appeared in media interactions despite directions by the High Court to refrain from the same.The challenge, however, clarifies that it is confined to the legal principles governing the grant of anticipatory bail in serious offences under special statutes like the POCSO Act and does not delve into the merits of the allegations..The plea has been filed through advocate Saurabh Ajay Gupta..A Special POCSO Court had last month directed the registration of an FIR against the religious figure over allegations of sexual abuse of two minor boys at a camp in Prayagraj. The complaint was filed by Shankuri Peethadheshwar Ashutosh Maharaj.Following the FIR, the accused moved the High Court seeking anticipatory bail.The High Court granted relief while also raising serious doubts about the prosecution case. The High Court noted that the victims allegedly narrated the incident to the complainant, a stranger, instead of their natural guardians, which it found inconsistent with normal human conduct. It also questioned a six-day delay in lodging the FIR and observed that the informant had attributed the delay to being engaged in religious rituals..It further noted that the victims had remained in the company of the informant and were not immediately handed over to their parents or authorities. It also flagged that the victims had given media interviews, calling it contrary to established procedure under the POCSO Act and the Juvenile Justice framework.Additionally, the High Court also expressed reservations regarding the medical evidence and observed that the allegations arose in the backdrop of a prior dispute between the accused and local authorities relating to arrangements at the Sangam during Mauni Amavasya. .Allahabad High Court grants anticipatory bail to Swami Avimukteshwaranand Saraswati in POCSO case.The appeal before the top court argues that the High Court exceeded the limited scope of scrutiny at the stage of anticipatory bail by entering into issues that are matters of evidence to be tested during trial. According to the plea, once the FIR has been registered pursuant to judicial directions and a statutory presumption operates under Section 29 of the POCSO Act, the Court was only required to apply settled parameters governing grant of bail, and not undertake a detailed assessment of the prosecution’s case.On the High Court’s observation regarding disclosure of the matter to the complainant instead of guardians, the plea states that the incident occurred during the Magh Mela when conditions were chaotic, preventing the minor victims from reaching their families. It asserts that the complainant was known to the victims and present at the site and that the disclosure was made to him out of familiarity and trust, making it a natural course of conduct rather than an unusual one.