New Delhi, May 29 (H.S.): The Supreme Court on Friday upheld the anticipatory bail granted by the Allahabad High Court to Shankaracharya Swami Avimukteshwaranand in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.

A bench headed by Justice M.M. Sundresh questioned the petitioner and complainant in the case, Ashutosh Brahmachari, asking why no action had been taken earlier in connection with the alleged offence.

During the hearing, the court observed, “You were there earlier as well. You knew everything. What did you do? You were aware of the offence too. When the alleged incident occurred, you did approach the police, but for a different purpose. Why did you not inform the police about this offence?”

The petition challenging the anticipatory bail order had been filed by complainant Ashutosh Maharaj. Appearing on behalf of the petitioner, advocate Saurabh Ajay Gupta argued that Swami Avimukteshwaranand could influence witnesses while remaining on bail. He further contended that the Allahabad High Court, while granting anticipatory bail, had virtually conducted a mini-trial in its observations.

The petition also alleged that the Allahabad High Court had incorrectly interpreted the facts of the case, which could adversely affect the overall proceedings. It further claimed that Swami Avimukteshwaranand violated the condition imposed by the High Court restraining him from making statements to the media.

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Hindusthan Samachar / Jun Sarkar