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An LL.M. student from Shahjahanpur, UP had alleged that Chinmayanand raped her which resulted into two pregnancies. When State government filed case withdrawal plea, an affidavit on behalf on victim was also filed supporting the withdrawal, however, she opposed it later on.
The Allahabad High Court has granted interim anticipatory bail to Swami Chinmayanand Saraswati in the 2011 rape case where he is accused of sexually exploiting a law student of a college of which he was the director.
The bench of Justice Samit Gopal passed the order while noting that the State although opposed the prayer for anticipatory bail but could not dispute the factual position with regards to the protection granted to Chinmayanand during the pendency of investigation and State Government's decision to withdraw the prosecution against him.
Court also took into consideration the argument put forth by Chinmayanand's counsel regarding his old age and associations noting that Chinmayanand is now 75 years of age and is associated with various educational, religious and medical institutions.
In the present case, Chinmayanand was granted bail six months after his arrest in 2019 by the Allahabad high court on February 3, 2020.
In January 2012, chargesheet under Sections 376, 506 IPC was submitted against Chinmayanand and offences under Sections 342, 323, 307, 313 IPC against him were dropped.
Thereafter, in the plea against the summoning order and congnizance of the chargesheet Chinmayanand moved the high court and during proceedings in that matter, the high court in July 2012 ordered interim stay of his arrest during the pendency of the investigation.
Later on, the State Government filed an application before the Chief Judicial Magistrate, Shahjahanpur under Section 321 CrPC for withdrawal of the case, which the judge rejected in May 2018.
The decision was also affirmed by the high court on September 30, 2022. The court had observed that the entire process of withdrawing the prosecution was well short of the standards set up by the Apex Court in Ashwini Kumar Upadhyay v. Union of India.
Against that decision, Chinmayanand moved the Top Court, which in its order, though dismissed his appeal, extended his time to surrender till November 30.
The rape case had triggered nationwide outrage and the Top Court had taken suo moto cognizance of the issue and had directed for constitution of a Special Investigation Team (SIT) to probe the matter.
The SIT has filed the charge sheet and the case is pending before the CJM court, Shahjahanpur.
Case Title: Swami Chinmayanand Saraswati v. State Of U.P. And Anr
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