The Allahabad High Court has granted a reprieve to Swami Avimukteshwaranand, providing a stay on his arrest related to a POCSO case. This decision came on February 27 during a hearing where the court also addressed his disciple, Pratyakchaitanya Mukundanand Giri.

While the court has suspended the arrest, it has reserved its decision on their anticipatory bail applications for further consideration. Justice Jitendra Kumar Sinha presided over the session, which took place in a crowded courtroom filled with legal representatives and the officer from the Jhunsi Police Station.

Details of the Hearing

The High Court order ensures that no coercive actions will be taken against Swami Avimukteshwaranand until the next hearing. The court stipulated that he is expected to fully cooperate with the ongoing police investigation. During the hearing, the defense highlighted the age of one of the victims, indicating that they are a minor. The anticipatory bail plea faced opposition from the victims’ side, represented by multiple legal advocates.

Arguments Presented

Senior Advocate Dilip Gupta, Additional Advocate General Manish Goyal, Government Advocate Patanjali Mishra, and advocate Reena N Singh, representing the complainant, presented their arguments against the anticipatory bail application. The defense’s counsel contended that allegations of exploitation related to locations in Madhya Pradesh and Prayagraj, while asserting that the victims are regular students from Hardoi. Notably, one victim’s marksheet indicated that they are an adult and not associated with the Ashram in question.

State Government’s Objections

The state government raised concerns regarding the application’s maintainability, further complicating the proceedings. Advocates for the State and the complainant voiced strong opposition to the anticipatory bail request. A final decision regarding this matter is anticipated in the third week of March.

Statements from Legal Representatives

Following the court’s ruling, Advocate PN Mishra, representing the Shankaracharya, expressed approval of the decision. He characterized the allegations against Swami Avimukteshwaranand as “false and fabricated,” asserting that both medical and inquiry reports found no suspicious activity. He stated, “The court has stayed the arrest after the hearing, and they have reserved the order on anticipatory bail. We presented that the student was not from our school but from a school in Hardoi. Their own certificate has proven them wrong.” He argued that the claims from the complainants were inconsistent with documented evidence.

Background of the Case

An FIR was filed against Swami Avimukteshwaranand, his disciple Mukundanand Giri, and three unidentified individuals at the Jhunsi police station. This action followed an order from the Special Judge under the POCSO Act, responding to an application submitted by Ashutosh Brahmachari. Subsequent interrogations have been conducted by the Jhunsi police in relation to this case.

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