Avimukteshwaranand, disciple get anticipatory bail in Pocso case | Lucknow News
Prayagraj: Allahabad high court on Wednesday granted anticipatory bail to Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Brahmachari in a sexual harassment case.The court, however, restrained Avimukteshwaranand and Mukundanand and the complainant, Ashutosh Maharaj, from speaking to the media regarding the case.The order was passed by Justice Jitendra Kumar Sinha on the anticipatory bail applications moved by the seer and his disciple.Earlier on Feb 27, the court stayed the arrest of Avimukteshwaranand till the pronouncement of the order. The court had also reserved its order after hearing the matter and directed the applicants to cooperate with the investigation.The case pertains to an FIR lodged at Jhunsi police station in Prayagraj following directions from a Pocso court, alleging sexual exploitation of several ‘batuks’ (young disciples) by the accused.In his 22-page order, Justice Sinha said victims not narrating the incident to their natural guardians 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 court rejected the state’s argument challenging the maintainability of the anticipatory bail plea on the ground that the accused should have approached the sessions court first. Justice Sinha said since the FIR had been lodged on the directions of the special judge (Pocso) on an application filed by the informant under Section 173(4) of the BNSS, there existed special/extraordinary circumstances to directly approach the high court.The bench also pointed out another inconsistency — the victims allegedly informed Ashutosh Maharaj on Jan 18, 2026, but police were notified six days later.Asked about the delay in informing police, Maharaj told the court he was busy with puja rituals. The court, however, noted that prior to this, on Jan 21, he had filed a separate application relating to an alleged incident involving the commission of an offence under Section 109 and other sections of the BNS.The court further highlighted material improvements in the victims’ statements. It noted that while the FIR stated the incidents occurred between Jan 2025 and Feb 2026 at the Maha Kumbh and Magh Mela in Prayagraj, one victim later claimed the assault occurred in June 2024 at an ashram in Madhya Pradesh.The court also noted that educational certificates revealed the victims were institutional students in Hardoi, not ashram residents. Moreover, the medical examination found no external injuries on the victims, and the doctor only gave an inconclusive opinion that sexual assault cannot be ruled out. Ashutosh Maharaj’s counsel also argued that Avimukteshwaranad’s claim to be the Shankaracharya of Jyotishpeeth is disputed, but the bench said it was not tasked with the duty to adjudicate on the issue.
