The court directs cooperation in ongoing investigation under Bharatiya Nagarik Suraksha Sanhita and POCSO Act without arrest until further notice.
In a significant development, the Allahabad High Court has granted anticipatory bail to Swami Avimukteshwaranand Saraswati, the Jagatguru Shankaracharya Jyotishpeethadheeshwar, in connection with Case Crime No. 58 of 2026. The case involves serious charges under Section 351(3) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and various sections of the Protection of Children from Sexual Offences (POCSO) Act.
The applicants, represented by Senior Advocate Sri Prakash along with Rajrshi Gupta and Sudhanshu Kumar, moved the court seeking relief from arrest. The High Court, presided over by Justice Jitendra Kumar Sinha, after hearing detailed arguments from both sides, including the State's representatives and counsel for the first informant, decided to reserve its judgment. However, in an interim relief, the court ordered that the applicants shall not be arrested until the final disposal of their bail application.
The court emphasized the condition that the applicants must fully cooperate with the ongoing investigation by the police at Police Station Jhoonsi, District Prayagraj. The investigation will proceed without any hinderance, but the applicants will remain free from arrest during this period.
The legal fraternity is closely monitoring this case, given the involvement of prominent religious figures and the sensitive nature of the allegations under the POCSO Act. The court has also directed both parties to submit their written submissions and relevant case laws by March 12, 2026.
This decision underscores the court's approach of balancing the need for a thorough investigation with the protection of individual liberties. The next steps in this legal battle will be watched with great interest as the judiciary navigates through the complexities of the case.
Bottom Line:
Anticipatory bail granted to applicants in a case under Sections 351(3) Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and relevant sections of POCSO Act, with direction to cooperate in the investigation and continuation of investigation without arrest.
Statutory provision(s): Section 351(3) Bharatiya Nagarik Suraksha Sanhita, Sections 5(1), 6, 3, 4(2), 16, 17 of POCSO Act
