A petition has been moved before the Supreme Court of India challenging the anticipatory bail granted to Swami Avimukteshwaranand Saraswati in a case under the Protection of Children from Sexual Offences Act.
The plea questions a recent decision of the Allahabad High Court, which had granted the accused protection from arrest. Filed by the complainant, the petition argues that the High Court failed to properly assess the gravity of the allegations while extending relief in a case involving serious charges of sexual abuse of minors.
In its order, the High Court had pointed to certain inconsistencies in the prosecution’s version. It also remarked on the conduct of the alleged victims, noting that their disclosures were not made directly to family members. On this basis, the Court held that the presumption under Section 29 of the POCSO Act would not apply at the anticipatory bail stage.
The High Court further took into account the delay in lodging the complaint and concluded that custodial interrogation of the accused was not necessary at that stage. Accordingly, it granted anticipatory bail with specific conditions.
The case traces back to an FIR registered following directions from a special POCSO court, based on allegations of sexual exploitation involving minor boys.
With the matter now pending before the Supreme Court, the central issue will be whether the relief granted by the High Court should continue, particularly given the stringent framework of child protection laws and the seriousness of the accusations.
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