An informant has challenged Shankracharya Swami Avimukteshwaranand Saraswati's anticipatory bail in a POCSO case in the Supreme Court. The plea argues the Allahabad HC erred by holding a 'mini-trial' and cites the accused's post-bail conduct.
Ashutosh Brahmachari Maharaj, the informant whose complaint led to the registration of an FIR against Shankracharya Swami Avimukteshwaranand Saraswati in a Protection of Children from Sexual Offences (POCSO) case alleging sexual assault against two children-devotees (Bhakts), has now filed a plea in the Supreme Court challenging the Allahabad High Court's decision to grant anticipatory bail to Saraswati.
Allahabad High Court's Rationale for Bail
The Allahabad High Court on Wednesday (March 25) granted anticipatory bail to Saraswati in the POCSO case, stating delay in filing of complaint by the informant and inconsistencies in the statements of the alleged victims. The High Court had observed that the informant, who claimed to be the victims' guardian, learned about the incident on January 18, 2026, but reported it to the police six days later, citing involvement in "pooja/yagya."
Plea in Supreme Court Challenges Bail Decision
In his plea against the pre-arrest relief to Saraswati, the informant has argued that the High Court's decision is erroneous, as in its order, the Court has gone into the facts of the case in giving anticipatory bail to the accused. As per the informants' counsel, the High Court has held a mini-trial in deciding to grant relief to Saraswati.
The plea further contents that in cases involving such heinous offences, the general principle followed is not to grant relief at an anticipatory stage. The informant, in his plea, also claimed that he couldn't get sufficient opportunity to represent himself before the High Court.
Bail Cancellation Sought Over Accused's Conduct
Additionally, the plea seeks cancellation of Saraswati's anticipatory bail on the ground that despite the High Court direction restricting parties in the case from giving media interviews, the accused Saraswati, immediately after getting relief, spoke to the media and said that the case against him is false and politically motivated.
The plea has also flagged the conduct of the accused in making public speeches, going on rallies and religious Yatras immediately after he got relief from the High Court. The petition argues that such conduct by the accused leads to a perception of threat and fear amongst the alleged victims in the case.
The plea has been filed through Advocate Saurab A Gupta. (ANI)
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