The Supreme Court on Friday refused to interfere with the Allahabad High Court order granting anticipatory bail to Swami Avimukteshwaranand Saraswati, the Shankaracharya of Jyotir Math (Joshimath) in Uttarakhand, in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.
The Bench of Justice MM Sundresh and Justice N Kotiswar Singh dismissed the appeal filed by complainant Ashutosh Brahmachari challenging the grant of anticipatory bail. During the hearing, the Court also questioned the delay and conduct of the complainant in reporting the alleged offence to the authorities.
The High Court had granted anticipatory bail to Swami Avimukteshwaranand in connection with allegations of sexual abuse of two minor boys during a camp held in Prayagraj.
The criminal proceedings originated after a Special POCSO Court directed registration of an FIR against Swami Avimukteshwaranand Saraswati on a complaint filed by Shankuri Peethadheshwar Ashutosh Maharaj alleging offences under the POCSO Act.
Following registration of the FIR, the accused approached the High Court, which granted him anticipatory bail while expressing reservations regarding the prosecution’s case and the surrounding circumstances placed on record.
While challenging the grant of anticipatory bail before the Supreme Court, the complainant argued that the allegations were grave in nature and attracted severe punishment, including imprisonment for life. It was contended that anticipatory bail in offences under the POCSO Act ought to be granted only in exceptional and rare circumstances.
The plea further alleged the violation of conditions imposed by the High Court, restraining the accused from engaging with the media, and argued that the accused continued to participate in public and media interactions despite such restrictions.
The appellant also argued that the High Court exceeded the limited scope of scrutiny permissible at the stage of anticipatory bail by undertaking a detailed examination of evidentiary aspects which ought to be tested during trial. It was submitted that once the FIR had been registered pursuant to judicial directions and the statutory presumption under Section 29 of the POCSO Act became applicable, the Court ought to have confined itself to settled principles governing grant of bail.
The plea additionally contended that the High Court erred in drawing adverse inferences from the conduct of the victims in allegedly disclosing the incident to the complainant instead of immediately informing their parents or guardians. According to the appellant, the alleged incident occurred during the Magh Mela under chaotic conditions and the complainant was known to the victims, making such disclosure natural in the circumstances.
However, the Supreme Court declined to interfere with the High Court order and questioned the complainant regarding the delay in approaching the police despite allegedly being aware of the incident earlier.
The Allahabad High Court, while granting anticipatory bail, had observed that certain aspects of the prosecution case required deeper scrutiny during investigation and trial. The High Court had noted the delay in lodging the FIR, the conduct of the informant and the circumstances surrounding disclosure of the allegations.
The High Court had also observed that the victims allegedly remained with the complainant for a considerable period and were not immediately produced before their guardians or authorities. It further noted that media interactions involving the victims appeared inconsistent with the statutory confidentiality protections contemplated under the POCSO Act and the Juvenile Justice framework.
The High Court additionally recorded reservations regarding the medical evidence and observed that the allegations emerged in the backdrop of an earlier dispute involving the accused and local authorities concerning arrangements during the Mauni Amavasya event at the Sangam area in Prayagraj.
Refusing to interfere with the anticipatory bail order, the Supreme Court dismissed the appeal and allowed the interim protection granted to Swami Avimukteshwaranand Saraswati to continue.
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