SC Rejects Plea Against Anticipatory Bail Granted to Avimukteshwaranand in POCSO Case

The Supreme Court on Friday declined to interfere with an Allahabad High Court order granting anticipatory bail to Swami Avimukteshwaranand Saraswati , the Shankaracharya of Jyotirmath, in a case registered under the Protection of Children from Sexual Offences (POCSO) Act . The decision provides temporary relief to the seer while allowing the police investigation into the allegations to continue.

A bench comprising Justice M.M. Sundresh and Justice N. Kotiswar Singh dismissed a petition filed by complainant Ashutosh Brahmachari , who had challenged the High Court's March 25 order. The apex court made it clear that it was not inclined to interfere with the relief already granted to the accused and his disciple, Mukundanand Brahmachari .

The case stems from a complaint filed by Ashutosh Brahmachari, who alleged that two minor boys approached him during the Magh Mela in Prayagraj and accused the seer and his disciple of sexually exploiting them. According to the complaint, the alleged incidents involved young disciples, known as "batuks," and occurred over a period of time during religious activities linked to the Magh Mela and preparations for the Maha Kumbh .

On February 21, a Special POCSO Court in Prayagraj directed Jhunsi police to register an FIR after examining the complaint and related material. Acting on the court's order, police booked Swami Avimukteshwaranand, Mukundanand Brahmachari and three unidentified individuals under provisions of the POCSO Act and the Bharatiya Nyaya Sanhita . Investigators were directed to conduct a detailed probe, including collection of evidence and examination of witnesses.

Following the FIR, the accused approached the Allahabad High Court seeking protection from arrest. On February 27, the High Court granted interim relief and later, on March 25, allowed their anticipatory bail plea. The court cited factors such as delays in reporting the allegations, inconsistencies in certain statements and the absence of a compelling need for custodial interrogation at that stage. It also directed all parties to cooperate with the investigation and refrain from discussing the matter publicly through the media.

The controversy has also attracted attention because of its wider political backdrop. Swami Avimukteshwaranand has been a vocal critic of several issues linked to the BJP and sections of the Sangh Parivar , prompting his supporters to allege political targeting. However, no court has endorsed such claims, and the allegations remain under investigation.

With the Supreme Court now refusing to intervene, the anticipatory bail granted to the seer remains in force. The ruling does not address the merits of the allegations, and the ongoing investigation will determine the next course of legal proceedings.