The Supreme Court on Friday shut the door on a challenge to the anticipatory bail granted to Jyotish Peeth Shankaracharya Swami Avimukteshwaranand Saraswati and his disciple Mukundanand Giri in a POCSO case, allowing the protection from arrest granted earlier by the Allahabad High Court to continue.
The ruling comes in a case that has drawn attention because of the stature of the accused and the nature of the allegations. The criminal case, registered in Prayagraj, stems from a complaint alleging sexual abuse of minors and is being investigated under provisions of the POCSO Act and the Bharatiya Nyaya Sanhita.
A Bench of Justices MM Sundresh and N Kotiswar Singh dismissed a petition filed by spiritual leader Ashutosh Brahmachari Maharaj, who had sought to overturn the Allahabad High Court order granting anticipatory bail to the two accused.
With the Supreme Court declining to interfere, the relief granted by the high court in March remains intact.
The Allahabad High Court had held that, at that stage of the proceedings, the accused had made out a case for anticipatory bail. While granting protection from arrest, it had clarified that it was not expressing any opinion on the merits of the allegations.
The high court had directed that the accused be released on anticipatory bail in the event of arrest after furnishing personal bonds of Rs 50,000 each along with two sureties. It had also imposed conditions requiring cooperation with investigators and barring any attempt to influence witnesses.
The March order had taken note of aspects raised by the defence, including an alleged delay in lodging the complaint and discrepancies regarding the timing and location of the alleged incidents.
The high court also took note of the timeline presented in the complaint. According to the case records, the complainant claimed he learnt about the alleged offence on January 18, 2026, but approached the police six days later, saying he was occupied with religious rituals. The explanation offered for the delay was that the complainant was occupied with religious activities.
The case traces its origins to a complaint filed by Ashutosh Brahmachari, following which a Special POCSO court directed registration of an FIR earlier this year.
Before the Allahabad High Court, counsel for Swami Avimukteshwaranand and Mukundanand Giri had argued that the allegations were false and pointed to what they described as inconsistencies in witness statements, delays in reporting and the absence of corroborative medical evidence.
The Uttar Pradesh government and the complainant had opposed the plea, contending that the accusations were serious and warranted custodial interrogation. They had also expressed concern that witnesses could be influenced if protection from arrest was granted.
An earlier order dated February 27 had already given the accused interim protection from arrest while directing them to cooperate with the investigation.
The Allahabad High Court had additionally directed all parties, including the accused, the complainant and the alleged victims, not to engage with the media while the investigation and subsequent proceedings remain pending.