Allahabad High Court Grants Interim Bail to Avimukteshwaranand Saraswati in POCSO Sexual Abuse Case

New Delhi: The Allahabad High Court on Wednesday granted anticipatory bail to Swami Avimukteshwaranand Saraswati, a prominent religious figure in Uttar Pradesh, in association with a case registered under the Protection of Children from Sexual Offences (POCSO) Act.

The case is based on claims that two young boys were sexually assaulted by the seer while attending a camp. A Special POCSO Court ordered the police to file a formal complaint and look into the situation last month.   

Complaint and FIR Registration

According to media reports, the complaint was filed by Shankuri Peethadheshwar Ashutosh Maharaj, who is also a plaintiff in the Krishna Janmabhoomi–Shahi Eidgah title conflict.

Following the court’s directive, Prayagraj police filed a FIR against Swami Avimukteshwaranand, his associate Mukundanand Giri, and some unidentified persons. In addition to several POCSO Act sections, including Sections 5, 6, 3, 4(2), 16, and 17, the case included charges under Section 351(3) of the Bharatiya Nyaya Sanhita (BNS).

After the FIR was lodged, the accused approached the High Court seeking anticipatory bail.

Court Flags ‘Unusual Conduct’ and Delay

During the hearing of the plea, Justice Jitendra Kumar Sinha noticed discrepancies in the chronology of events as reported by the victims and complainant.

The Court observed that the victims spoke to the complainant, who was unknown to them, rather than telling their parents or guardians at first. It stated that such behavior was not consistent with typical behavior. The Bench further noted that the event was not reported to the police right away.

"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.

Media Exposure of Victims Criticised

The High Court also expressed strong concern over the treatment of the victims after the FIR was filed. It said that the children were seen giving interviews to Hindi news channels, which infringed legal safeguards under the POCSO and Juvenile Justice laws.

"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. 

Questions Over Medical Evidence

The Bench further examined the medical reports and pointed out that no conclusive findings had been made regarding sexual assault.

"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.

Interim Protection Made Absolute

Previously, on February 27, the High Court had granted interim protection from arrest. On Wednesday, it mandated that the accused be freed on anticipatory bail in the event of an arrest.

The accused were represented by Senior Advocates Dilip Kumar, Rajshri Gupta, Sudhanshu Kumar, and Varadh Nath.

Advocate Reena N Singh represented the complainant, while Additional Advocate General Manish Goyal, Government Advocate Patanjali Mishra, and Additional Government Advocate Roopak Chaubey defended the State.

Background of the Case

The matter began from an order by a district court in Prayagraj. Additional District and Sessions Judge Vinod Kumar Chaurasia, who rules over the POCSO and rape special court, had directed the Jhunsi police to register a case and begin an inquiry.

Ashutosh Brahmachari, a follower of Tulsi Peeth leader Swami Rambhadracharya, filed the complaint. An inquiry into the claims is presently in progress, according to police confirmation.

All accusations against Swami Avimukteshwaranand have been refuted. In order to prove the truth, he has also promised to go through a narco analysis test. The seer also claimed that while constructing a case against the complainant, the police were protecting him.